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OPORTET QUOD CERTA 856 OPTIONAL WRIT Definition & Legal Meaning

Definition & Citations:

Oportet quod certa res deducatur in donationem. It is necessary that a certain tiling he brought into the gift, or made the subject of the conveyance. Bract, fol. 156. Oportet quod certa res deducatur in judicium. Jeuk. Cent. 81. A thing certain must be brought to judgment. Oportet quod certa sit res quae vendi- tur. It is necessary that there should be a certain thing which is sold. To make a valid sale, there must be certainty as to the thing which is sold. Bract, fol. 016. Oportet quod certa; personae, terrse, et certi status comprehendantur in declara- tione usuum. 9 Coke, 9. It is necessary that given persons, lands, and estates should be comprehended in a declaration of uses.


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