Doctrine of Factum Valet
The maxim Factum Valet quod fieri non debuit means: "What ought not to be done, is valid when done."
Meaning: This doctrine suggests that once a legal act (like a marriage or adoption) is performed with all essential religious ceremonies, it cannot be undone just because some "directory" or "minor" rules were violated.
Limitation: It only cures violations of directory rules (e.g., a rule saying "do not adopt an only son"). It cannot cure the violation of mandatory legal requirements (e.g., if the parties are within prohibited degrees of relationship, the marriage is void despite the doctrine).
No comments:
Post a Comment