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NeCede's

Maxim 5.1.18

Nothing is so consonant to natural equity as to regard the intention of the owner in transferring his own property to another.

Nihil tam conveniens est naturali aequitati, quam voluntatem domini rem suam in alium transferre, ratam habere.

Source: 1 Co. 100; Jackson; Weisman, 91o Difficulty 1/5 — Foundational

Explanation

Natural equity demands that the owner's intent govern the transfer of his property — the law respects and gives effect to the will of the proprietor in all conveyances.

Where this applies

  • A grandmother deeds her house to her granddaughter on the condition that it remain in the family — natural equity requires that the granddaughter honor this condition, because the owner's intent governs the transfer of her own property.
  • A man sells his farmland to a neighbor with the express understanding that the old barn will be preserved as a historic landmark — the court enforces this condition because the law respects the seller's intent in transferring his property.
  • A father gives his son a classic car as a gift, specifying that it must never be sold outside the family — the son cannot ignore this intent, because the law honors the conditions the owner placed on the transfer of his own property.

Legal domains

Cite this maxim

NeCede Max. 5.1.18 — Nothing is so consonant to natural equity as to regard the intention of the owner in transferring his own property to another. — 1 Co. 100; Jackson; Weisman, 91o (Nihil tam conveniens est naturali aequitati, quam voluntatem domini rem suam in alium transferre, ratam habere.)

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