Legal Definitions - ne mutuato amore invicem spoliarentur

The Latin phrase ne mutuato amore invicem spoliarentur translates to "lest by mutual love they should despoil each other." This legal principle, rooted in historical legal traditions, emphasizes the importance of preventing individuals in a close relationship, particularly spouses, from taking unfair advantage of the affection, trust, or emotional bond they share to exploit or harm one another. It serves as a safeguard against undue influence or financial exploitation that might arise from the very nature of a loving and trusting relationship.

In essence, it means that love and trust should not be used as tools to unfairly strip a partner of their assets, rights, or autonomy. Courts may consider this principle when evaluating transactions between spouses or partners to ensure that agreements were made freely, fairly, and without one party leveraging the emotional connection to the detriment of the other.

• Example 1: Financial Exploitation in Property Transfer

  Imagine a scenario where one spouse, deeply in love and trusting, is persuaded by their partner to transfer ownership of a valuable piece of real estate, which was originally their separate property, into the partner's sole name. The partner might argue it's "for their shared future" or "a sign of trust," leveraging the emotional bond to gain an unfair financial advantage without offering any independent legal advice or fair consideration in return. Here, the principle of ne mutuato amore invicem spoliarentur would highlight the concern that the trusting spouse was "despoiled" of their property rights through the manipulation of "mutual love."

• Example 2: Undue Influence in Estate Planning

  Consider an elderly individual who, due to declining health and increased emotional dependence, is convinced by their spouse to drastically alter their will, disinheriting their children from a previous marriage and leaving almost everything to the current spouse. If it can be demonstrated that this change was not a free and independent decision but rather the result of the spouse exploiting the emotional bond and vulnerability, the principle would suggest that the individual was "despoiled" of their true testamentary intentions through the manipulation of "mutual love."

• Example 3: Unfair Business Dealings Between Partners

  A couple decides to start a business together. One partner, who has more business experience, convinces the other to invest all their personal savings and sign a partnership agreement that gives the experienced partner disproportionate control and a much larger share of the profits, despite both contributing equally in terms of capital and effort. The less experienced partner agrees out of love and trust, believing their partner has their best interests at heart. If the agreement is demonstrably unfair and was entered into without the less experienced partner receiving independent legal advice, this principle would suggest that the less experienced partner was "despoiled" by their partner's exploitation of their "mutual love" and trust.