Maxim 5.4.7
The manner gives law to the gift.
Modus legem dat donationi.
Source: Co. Litt. 19a; Weisman, 48f; Weisman, 48k
Difficulty 1/5 — Foundational
Explanation
The terms and conditions attached to a gift by the donor govern its use — the recipient takes subject to the mode prescribed.
Where this applies
- I donated land to a charity with the condition it be used as a park — they want to build offices on it.
- The donor specified the money should go to scholarships, not general operations.
See also
Cite this maxim
NeCede Max. 5.4.7 — The manner gives law to the gift. — Co. Litt. 19a; Weisman, 48f; Weisman, 48k (Modus legem dat donationi.)
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