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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