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NeCede's

Maxim 5.4.18

A gift is said to be pure and simple when no condition or qualification is annexed.

Source: Bract. 1; Bouv. 158; Weisman, 48i Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) A gift made without conditions or qualifications is absolute and irrevocable from the moment of delivery — no strings may be implied where none were expressed.

Where this applies

  • A woman hands her friend an envelope of cash and says it is a gift with no strings attached — the gift is absolute and cannot be taken back.
  • A donor gives a painting to a museum with no conditions about where it must be displayed, making it a pure gift that the museum may use as it sees fit.
  • A father gives his son a car outright, no conditions, and later cannot demand it back because a pure gift is irrevocable once delivered.

Legal domains

Cite this maxim

NeCede Max. 5.4.18 — A gift is said to be pure and simple when no condition or qualification is annexed. — Bract. 1; Bouv. 158; Weisman, 48i

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