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NeCede's

Maxim 5.4.22

Among other methods of acquiring property, a great, much-used, and celebrated method is that of gift.

Source: Bract. fol. 11; Weisman, 48r Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Gift is one of the principal modes of acquiring property recognized at law — voluntary transfer without consideration is as valid a conveyance as sale or exchange.

Where this applies

  • A grandmother gives her engagement ring to her granddaughter — the gift is a valid transfer of property even though no money changes hands.
  • A neighbor donates a plot of land to a local church without any sale price, and the conveyance is legally effective as a gift.
  • A philanthropist transfers stock certificates to a charity as a gift, and the law recognizes the transfer as a legitimate mode of acquiring property.

Legal domains

Cite this maxim

NeCede Max. 5.4.22 — Among other methods of acquiring property, a great, much-used, and celebrated method is that of gift. — Bract. fol. 11; Weisman, 48r

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