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NeCede's

Maxim 1.5.332

No partner can alienate more than his own share, even if they are partners in all goods.

Nemo ex sociis plus parte sua potest alienare, etsi totorum bonorum socii sint.

Source: Wharton, III-197 Difficulty 3/5 — Intermediate

Explanation

A co-owner or partner may dispose of only his own interest in the common property — he cannot convey, encumber, or destroy the shares belonging to his fellow partners without their consent.

Where this applies

  • One of three co-owners of a rental property tries to sell the entire building without the consent of the other two, and the court holds the sale void as to the other two-thirds because each partner can only convey his own share.
  • A business partner pledges all of the partnership's equipment as collateral for a personal loan, and the court limits the pledge to only that partner's interest because he cannot encumber what belongs to his co-owners.
  • A co-heir attempts to lease the entire inherited family farm to a developer, but the court rules the lease is effective only as to her fractional share because no co-owner can alienate more than she owns.

Legal domains

Cite this maxim

NeCede Max. 1.5.332 — No partner can alienate more than his own share, even if they are partners in all goods. — Wharton, III-197 (Nemo ex sociis plus parte sua potest alienare, etsi totorum bonorum socii sint.)

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