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NeCede's

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.)

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