Legal Definitions - in perpetuam commendam

The Latin phrase in perpetuam commendam refers to something given in perpetual trust. It describes a grant or gift that is intended to be permanent and enduring, much like a trust where assets are held for the benefit of another indefinitely. When something is given "in perpetuam commendam," it signifies a permanent transfer, implying that the recipient is to hold and use it forever, rather than for a limited time or on a temporary basis.

Here are some examples to illustrate this concept:

• Historical Land Grant: Imagine a wealthy landowner in the 17th century who wanted to ensure the continued operation of a local orphanage. They might have granted a large piece of land to the orphanage's governing body in perpetuam commendam. This meant the land was a permanent gift, not a temporary lease, intended to provide a stable location and resources for the orphanage indefinitely, ensuring its mission could continue for generations.

  This illustrates the term because the land was given as a permanent endowment, establishing a perpetual right for the orphanage to use and benefit from it, rather than a revocable or temporary arrangement.

• University Endowment: A philanthropic family establishes a significant financial fund for a university, specifying that the principal amount is to be held in perpetuam commendam. This means the university cannot spend the original capital of the fund. Instead, only the investment income generated from this principal can be used to support scholarships, research, or faculty positions, ensuring that the fund continues to benefit the university's mission indefinitely into the future.

  This example demonstrates "in perpetuam commendam" by showing a financial gift intended to be held in perpetuity, with only its earnings used, thereby creating a permanent source of support for the institution.

• Museum Collection: A private art collector donates their entire collection of rare ancient artifacts to a national museum, with the condition that the collection be held in perpetuam commendam. This stipulation ensures that the artifacts become a permanent part of the museum's holdings. They cannot be sold, deaccessioned, or loaned out indefinitely; they are intended to remain within the museum's care and be made accessible to the public forever, preserving them for future generations.

  Here, the term highlights the permanent nature of the donation, indicating that the artifacts are entrusted to the museum's care indefinitely, much like a perpetual trust, rather than being a temporary acquisition.