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NeCede's

Maxim 6.4.9

The church can make its condition better, but not worse.

Ecclesia meliorari non deteriorari potest.

Source: 2 Eden, 313; Jackson; Weisman, 80a Difficulty 2/5 — Approachable

Explanation

Those who hold ecclesiastical property in trust may improve it but cannot alienate or diminish it — the same principle applies to any trustee who holds for the benefit of others.

Where this applies

  • A church trustee is trying to sell off church property at below-market value.
  • The managers of a charitable fund want to invest in risky ventures that could lose the endowment.

Legal domains

Cite this maxim

NeCede Max. 6.4.9 — The church can make its condition better, but not worse. — 2 Eden, 313; Jackson; Weisman, 80a (Ecclesia meliorari non deteriorari potest.)

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