Maxim 1.5.208
He who has no power of alienation must retain.
Qui non habet potestatem alienandi habet necessitatem retinendi.
Source: Hob. 336; Jackson
Difficulty 1/5 — Foundational
Explanation
When the law forbids a person from transferring property, he is compelled to hold it — the inability to alienate creates a corresponding obligation of custody.
Where this applies
- A person is legally prohibited from selling their property and must hold onto it.
- A trust restricts the beneficiary from transferring their interest.
Cite this maxim
NeCede Max. 1.5.208 — He who has no power of alienation must retain. — Hob. 336; Jackson (Qui non habet potestatem alienandi habet necessitatem retinendi.)
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