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NeCede's

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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