MORTMAIN Meaning and
Definition
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Mortmain is a legal term derived from the Old French language, where "mort" means "dead" and "main" means "hand." It refers to a legal restriction or control over the transfer of property after the owner's death, typically associated with the property being donated to institutional entities such as corporations or religious organizations. In simpler terms, mortmain refers to the perpetual or permanent ownership of property by a charitable or non-profit organization, which restricts the subsequent sale or transfer of the property.
Historically, mortmain laws were enacted to prevent the accumulation of vast amounts of wealth by religious institutions or corporations, as they were believed to hinder economic activity and inheritance by keeping valuable lands out of circulation. These laws were a response to concerns that land held by institutional entities in perpetuity would lead to the stagnation of land use and development, as property in "dead hands" was considered unlikely to be productive for society.
In modern times, the concept of mortmain is still relevant in legal systems, albeit often under different names or within specific legal frameworks. The regulations around mortmain serve to control the extent to which property can be owned by non-profit organizations or limit their ability to control property indefinitely. Such regulations may vary significantly across jurisdictions, reflecting different cultural and legal traditions regarding property ownership and inheritance.
Overall, mortmain represents a legal mechanism limiting the perpetual retention and transfer of property by entities such as religious or charitable institutions, aiming to balance societal interests related to property use, economic activity, and wealth distribution.
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Originally, the transfer or conveyance of land to an ecclesiastical body, being, as it were, a hand which could never part with it again; in law, possession of lands or tenements in dead hands, or such as cannot alienate, as of a corporation or fraternity.
Etymological and pronouncing dictionary of the English language. By Stormonth, James, Phelp, P. H. Published 1874.
Common Misspellings for MORTMAIN
- nortmain
- kortmain
- jortmain
- mirtmain
- mkrtmain
- mlrtmain
- mprtmain
- m0rtmain
- m9rtmain
- moetmain
- modtmain
- moftmain
- mottmain
- mo5tmain
- mo4tmain
- morrmain
- morfmain
- morgmain
- morymain
- motmain
Etymology of MORTMAIN
The word "mortmain" has its roots in Old French and Latin. In Old French, "mort" meant "dead", and "main" referred to "hand". The term was borrowed from the Latin phrase "mortua manus", which translates to "dead hand".
In medieval legal terminology, "mortmain" referred to the perpetual possession of property by a religious institution or corporate body. The concept derived from the practice of property being bequeathed to the Church after a person's death, hence why the term "dead hand" was used.
Over time, the word "mortmain" came to have a broader meaning, referring to the control or ownership of property by institutions that are exempt from certain regulations or restrictions. Today, it is often used in a legal context to describe the restrictions placed on the transfer of property to charitable organizations.
Similar spelling words for MORTMAIN
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