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Donator Nunquam Desinit Possidere Antequam Donatarius Incipiat Possidere
Understanding Donator Nunquam Desinit Possidere Antequam Donatarius Incipiat Possidere: A Key Legal Maxim
Definition & Meaning
The phrase "donator nunquam desinit possidere antequam donatarius incipiat possidere" translates to "a donor never ceases to possess until the donee begins to possess." This legal maxim indicates that a person who gives away property (the donor) retains possession of that property until the recipient (the donee) actually takes possession. Essentially, the act of giving does not transfer ownership until the recipient has control over the property.
Table of content
Legal Use & context
This principle is commonly applied in property law and gift law. It is particularly relevant in situations involving the transfer of real estate, personal property, and gifts. Understanding this maxim can help individuals navigate the legal implications of property transfers. Users can manage related legal processes by utilizing templates provided by US Legal Forms, which are drafted by qualified attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
Example 1: A parent gives their child a car but keeps the keys until the child is ready to drive it. The parent still possesses the car until the child takes the keys and drives it away.
Example 2: A person donates a piece of art to a museum but the museum does not take physical possession of the artwork until it is displayed in their gallery. (hypothetical example)
State-by-state differences
Examples of state differences (not exhaustive):
State
Key Differences
California
Possession can be established through a written agreement.
New York
Requires a formal transfer document for real estate to establish possession.
Texas
Possession may be established through oral agreements in certain circumstances.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Gift
A voluntary transfer of property from one person to another without compensation.
Focuses on the intent to give, while the maxim emphasizes possession transfer.
Transfer of Title
The legal process of transferring ownership of property.
Title transfer may occur without possession, but possession is critical in this maxim.
Common misunderstandings
What to do if this term applies to you
If you are involved in a property transfer, ensure that both parties understand when possession officially changes hands. Consider using US Legal Forms to find templates that can help you document the transfer properly. If the situation is complex or contested, seeking professional legal assistance may be necessary.
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