Skip to content
NeCede's

Maxim 5.4.16

That is considered to be given which is granted when no law compels.

Source: Dig. 50, 17, 82; Weisman, 48e Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) A voluntary transfer made without legal compulsion is treated as a gift — the absence of obligation distinguishes a gift from a payment or a performance.

Where this applies

  • A neighbor voluntarily mows your lawn every week without being asked or obligated — the law treats this as a gift of labor, not a debt you owe.
  • A company gives employees a year-end bonus with no contractual requirement to do so, and it is treated as a gift, not earned wages.
  • A stranger pays for your coffee in line without any obligation — since no law compelled the payment, it is considered a gift.

Legal domains

Cite this maxim

NeCede Max. 5.4.16 — That is considered to be given which is granted when no law compels. — Dig. 50, 17, 82; Weisman, 48e

Found an error? Suggest a correction →