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NeCede's

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.

Legal domains

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

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