Maxim 5.5.21
A guardian cannot act in the capacity of both buyer and seller.
Item ipse tutor et emptoris et venditoris officio fungi non potest.
Source: Wharton, III-154
Difficulty 3/5 — Intermediate
Explanation
A guardian cannot act as both buyer and seller in the same transaction — the duty of undivided loyalty to the ward forbids the trustee from occupying both sides of a dealing.
Where this applies
- A court-appointed guardian for a minor tries to sell the child's property to himself — the court blocks it because a guardian cannot sit on both sides of the transaction.
- A conservator managing an incapacitated person's estate attempts to buy the ward's antique furniture at a low price, and the deal is voided.
- A legal guardian auctions off her ward's car and then bids on it herself — the law forbids her from acting as both seller and buyer in the same deal.
Legal domains
Cite this maxim
NeCede Max. 5.5.21 — A guardian cannot act in the capacity of both buyer and seller. — Wharton, III-154 (Item ipse tutor et emptoris et venditoris officio fungi non potest.)
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