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NeCede's

Maxim 5.4.24

It is necessary that a certain thing be brought into the gift, or made the subject of the conveyance.

Source: Bract. fol. 15b; Weisman, 48v Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) Every gift or conveyance must identify a definite thing as its subject — an attempt to give or convey something uncertain or indeterminate is void for want of a subject.

Where this applies

  • A will that says "I leave my things to my friend" fails because no specific property is identified as the subject of the gift.
  • A deed that purports to convey "some of my land" without specifying which parcel is void for uncertainty.
  • A donor promises to give "one of my cars" to her nephew but never identifies which car, so the gift cannot be perfected.

Legal domains

Cite this maxim

NeCede Max. 5.4.24 — It is necessary that a certain thing be brought into the gift, or made the subject of the conveyance. — Bract. fol. 15b; Weisman, 48v

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