Maxim 5.4.23
He who has a right to give has the right to dispose of the gift.
Source: Wing. Max. 53; 2 Coke, 71; Broom, Max. 459, 461; Weisman, 48t
Difficulty 2/5 — Approachable
Explanation
(English-origin maxim.) The power of disposition follows the power of giving — he who may give freely may also direct the terms and manner of the gift.
Where this applies
- A property owner who has the right to give away her land also has the right to attach conditions to the gift, such as requiring the land be used as a park.
- A man who can give his car to his son can also decide to give it to a charity instead — the power to give includes the power to choose the recipient and terms.
- An estate holder who is free to donate her property can also direct that the proceeds go to a specific cause upon sale.
Cite this maxim
NeCede Max. 5.4.23 — He who has a right to give has the right to dispose of the gift. — Wing. Max. 53; 2 Coke, 71; Broom, Max. 459, 461; Weisman, 48t
Found an error? Suggest a correction →