Maxim 1.5.158
I ought not to be in a better position than my assignor, from whom the right passes to me.
Non debeo melioris conditionis esse, quam auctor meus, a quo jus in me transit.
Source: D. 50, 17, 175; Jackson
Difficulty 2/5 — Approachable
Explanation
An assignee takes the right exactly as the assignor held it, with all its limitations and defects — no one can transfer a greater interest than he possesses.
Where this applies
- A buyer tries to claim more rights in property than the seller had.
- An assignee of a contract claims better terms than the original party.
Legal domains
Cite this maxim
NeCede Max. 1.5.158 — I ought not to be in a better position than my assignor, from whom the right passes to me. — D. 50, 17, 175; Jackson (Non debeo melioris conditionis esse, quam auctor meus, a quo jus in me transit.)
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