Maxim 1.5.149
No one can do through another what he cannot do himself.
Nemo potest facere per alium, quod per se non potest.
Source: Jenk. 237; Jackson
Difficulty 2/5 — Approachable
Explanation
A principal cannot enlarge his own powers by acting through an agent — the agent’s authority can never exceed what the principal himself lawfully possesses.
Where this applies
- A government tries to do through a contractor what it is constitutionally forbidden from doing itself.
- Someone hires an agent to perform an act they are legally barred from performing.
Legal domains
Cite this maxim
NeCede Max. 1.5.149 — No one can do through another what he cannot do himself. — Jenk. 237; Jackson (Nemo potest facere per alium, quod per se non potest.)
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