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NeCede's

Maxim 5.4.34

Custom gives law to the gift.

Source: Co. Litt. 19; Broom, Max. 459; Weisman, 48k

Explanation

(English-origin maxim.) The customs and usages surrounding a gift govern its interpretation — where the terms of a gift are ambiguous, established custom fills the gap.

Where this applies

  • A gift is made without explicit terms and local custom determines the conditions attached to it.
  • A dispute over what was included in a gift is resolved by customary practice.

Cite this maxim

NeCede Max. 5.4.34 — Custom gives law to the gift. — Co. Litt. 19; Broom, Max. 459; Weisman, 48k

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