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NeCede's

Maxim 3.8.11

The law will provide for orphans, the insane, and the poor as though it were their guardian and curator.

Lex orbis, insanis, et pauperibus pro tutore atque curatore providebit.

Source: Morgan, Eng. Legal Maxims; cf. Jenk. Cent. 97; 3 Co. Inst. 6 Difficulty 1/5 — Foundational

Explanation

Where no private guardian exists, the law itself steps into the role of protector for those who cannot protect themselves — orphans, the insane, and the destitute.

Where this applies

  • An orphan has no one to protect their interests in court.
  • A mentally disabled person has no guardian and the court must step in.

Legal domains

See also

Cite this maxim

NeCede Max. 3.8.11 — The law will provide for orphans, the insane, and the poor as though it were their guardian and curator. — Morgan, Eng. Legal Maxims; cf. Jenk. Cent. 97; 3 Co. Inst. 6 (Lex orbis, insanis, et pauperibus pro tutore atque curatore providebit.)

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