Also known as:firme · firmaratio · firmation · validity · confirmation
Written by attorneys · grounded in primary & secondary sources — see below
A historical assurance of privilege conferred by deed or charter.
Sources & Authorities· 31 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
How it applies
Common Examples
6
Foreclosure Notice to Interest Holder
Freya Freeman holds a firmitas granting her a privilege in the mortgaged parcel. The mortgagee commences foreclosure and joins only the mortgagor. The court refuses to extinguish Freeman's interest because the firmitas created a necessary party interest that required notice under state statute.
Settlement Offer During Negotiation
Flagship Logistics offers a payment to settle a contract dispute with Frostline Textiles. The offer is made during compromise talks and references a firmitas that once assured exclusive use rights. The court excludes the offer from evidence because it was furnished to compromise the claim.
Francisco Frost asks his lawyer whether a proposed transaction would violate securities law. The lawyer discusses legal consequences but refuses to assist in any fraudulent step. The lawyer's conduct complies with the rule because the firmitas at issue was only a historical assurance and not a vehicle for criminal activity.
Lease Agreement Validity Challenge
Fiona Foster and Fidelity Trust sign an agreement to lease warehouse space. The writing fails to satisfy the statute of frauds. The court holds the agreement invalid because the controlling statute of frauds governs the validity of an agreement to make a lease even when a firmitas once assured the underlying privilege.
Marriage Entered Under Duress
Felicity French and Foxfire Biotech's CEO marry after the CEO threatens to fire French's family members. French later seeks annulment. The court voids the marriage because one party used coercion to induce the other to enter the relationship despite any firmitas that might have assured related property privileges.
Grand Jury Recording Failure
A grand jury hears testimony about a firmitas that assured a corporate privilege. The reporter unintentionally fails to record one session. The court holds that the unintentional failure does not affect the validity of any resulting prosecution.
Common questions
Frequently Asked
3
What does firmitas historically signify in property transfers?+
It signifies an assurance of privilege granted by deed or charter. The term appears in historical legal Latin sources as a formal assurance mechanism.
Supporting sources
Does firmitas still affect modern deed validity requirements?+
No. Modern deed requirements focus on writing, identification of parties, words of conveyance, property description, signature, and delivery. The historical term is not part of current statutory or restatement rules.
Supporting sources
How does firmitas relate to the statute of frauds for leases?+
It does not. The validity of an agreement to make a lease is governed solely by the controlling statute of frauds provisions, independent of any historical assurance label.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…appointment of an officer by the Executive. A commission is only evidence of an appointment. Delivery is not necessary to the validity of letters patent. The President cannot authorize a Secretary of State to omit the performance of those duties which are enjoined by law. When a commission for an officer not holding his…