Maxim 1.5.55
A thing is said to be given when it is yielded otherwise than by virtue of a right.
Donari videtur, quod nullo jure cogente conceditur.
Source: D. 50, 17, 82; Jackson; Weisman, 48l
Difficulty 2/5 — Approachable
Explanation
What is yielded without legal compulsion is treated as a gift — the distinction between what is owed by right and what is given freely determines the nature of the transfer.
Where this applies
- Something is given voluntarily without any legal obligation to do so.
- A payment is made when no debt existed, and the question is whether it was a gift.
Cite this maxim
NeCede Max. 1.5.55 — A thing is said to be given when it is yielded otherwise than by virtue of a right. — D. 50, 17, 82; Jackson; Weisman, 48l (Donari videtur, quod nullo jure cogente conceditur.)
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