Maxim 3.1.20
A municipality and a decuria function in the place of a person.
Personae vice fungitur municipium et decuria.
Source: Wharton, III-251
Difficulty 3/5 — Intermediate
Explanation
A municipality acts in the capacity of a legal person and may hold rights, incur obligations, and appear in court — but only through its duly authorized officers acting within their delegated power.
Where this applies
- A city is sued for breach of contract on a construction project, and the court treats the municipality as a legal person capable of being held liable.
- A county government purchases land for a new park, acting in its capacity as a legal person that can hold title to property.
- A resident sues the town for damages caused by a broken water main, and the municipality appears in court as a party defendant just as any individual person would.
Legal domains
Cite this maxim
NeCede Max. 3.1.20 — A municipality and a decuria function in the place of a person. — Wharton, III-251 (Personae vice fungitur municipium et decuria.)
Found an error? Suggest a correction →