Skip to content
NeCede's

Maxim 3.8.9

If a guardian commit fraud upon his ward, he shall be removed from the guardianship.

Si custos fraudem pupillo fecerit, a custodia removendus est.

Source: Jenk. Cent. 39; Weisman, 53c Difficulty 1/5 — Foundational

Explanation

The guardian who betrays his trust forfeits his office. The remedy is immediate removal — the law does not leave a ward in the hands of a proven fraudster.

Where this applies

  • A guardian steals from the child they are supposed to protect.
  • A court-appointed custodian is caught defrauding their ward.

Legal domains

equityfamily

See also

Cite this maxim

NeCede Max. 3.8.9 — If a guardian commit fraud upon his ward, he shall be removed from the guardianship. — Jenk. Cent. 39; Weisman, 53c (Si custos fraudem pupillo fecerit, a custodia removendus est.)

Found an error? Suggest a correction →