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NON VALENTIA AGERE Definition & Legal Meaning

Definition & Citations:

Inability to sue. 5 Bell, App. Cas. 172. Non valet confirmatio, nisi ille, qui coniirmat, sit in possessione rei vel juris unde fieri debet confirmatio; et code in modo, nisi ille cui confirmatio fit sit in possessione. Co. Litt. 295. Confirmation is not valid unless he who confirms Is either in possession of the thing itself or of the right of which confirmation is to be made, and, in like manner, unless he to whom confirmation is made is in possession. Non valet exceptio ejusdem rei cujus petitur dissolutio. A plea of the same matter the dissolution of which is sought, is not valid. Called a “maxim, of law and common sense.” 2 Eden. 134. Non valet impedimentnm quod de jure non sortitur effectum. 4 Coke. 31(7. An impediment which does not derive its effect from law is of no force. Non verbis, sed ipsis rebus, leges im- ponimus. Cod. 6, 43, 2. We impose laws, not upon words, but upon things themselves. Non videntur qui errant consentire. They are not considered to consent who commit a mistake. Dig. 50, 17, 116, $ 2; Broom, Max. 202. Non videtur consensum retinuisse si quis ex prsescripto minantis aliquid immutavit. He does not appear to have retained consent, who has changed anything through menaces. Broom, Max. 278. Non videtur perfecte cujusque id esse, quod ex casu auferri potest. That does not seem to be completely one’s own which can be taken from him on occasion. Dig. 50, 17, 139, 1. Non videtur quisquam id capere quod ei necesse est alii restitutere. Dig. 50, 17, 51. No one is considered entitled to recover that which he must give up to another. Non videtur vim facere, qui jure suo ntitur et ordinaria actione experitur. He is not deemed to use force who exercises his own right, and proceeds by ordinary action. Dig. 50, 17, 155, 1.


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