Legal Definitions - secundum formam doni

Secundum formam doni is a Latin legal phrase that translates to "according to the form of the gift or grant." It refers to the fundamental principle that when property, funds, or a benefit is given, the specific terms, conditions, or nature of that original gift or grant must be strictly observed and followed by the recipient or any subsequent holders.

Essentially, it means respecting the original intent and stipulations of the donor. This concept ensures that the purpose for which something was given is upheld, preventing its diversion to other uses or beneficiaries not intended by the original giver.

Here are some examples to illustrate this concept:

• Charitable Trust for Specific Research: Imagine a wealthy individual establishes a charitable trust with a substantial endowment. The trust document explicitly states that the funds are to be used solely for supporting medical research into rare neurological diseases. The trustees managing this endowment are legally bound to distribute the funds secundum formam doni. This means they must ensure that every grant or allocation from the trust adheres precisely to the criteria set by the donor – funding research exclusively for rare neurological diseases. They cannot decide to use the funds for general hospital operating costs, cancer research, or scholarships in unrelated fields, as that would violate the original form of the gift.

• Historical Land Grant with Use Restrictions: Centuries ago, a prominent family granted a large estate to a local community with a specific condition: the land was to be maintained indefinitely as a public park and botanical garden, and never developed for commercial housing or industrial purposes. Generations later, the local government, facing budget shortfalls, considers selling a portion of the land to a developer for a new shopping center. However, the original grant dictates that the land must remain a public park. Any action taken with the land must be secundum formam doni, respecting the original terms set by the granting family. The community would likely be legally prevented from developing the land in a way that contradicts the initial grant's stipulations.

• Endowed University Chair: An alumnus donates a significant sum to their university to establish an endowed professorship in "Sustainable Engineering Practices." The donation agreement specifies that the funds are exclusively for supporting a professor whose research and teaching focus on environmentally friendly engineering solutions. The university must use these funds secundum formam doni. They cannot reallocate the endowment to support a professor in a different department, such as ancient history or business management, nor can they use it for general faculty salaries or building maintenance. The specific purpose outlined in the gift agreement must be upheld, ensuring the donor's intent for promoting sustainable engineering is honored.