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NeCede's

Maxim 1.5.4

What is mine cannot be lost or transferred to another without my act or my default.

Quod meum est sine facto meo vel defectu meo amitti vel in alium transferri non potest.

Source: Prest. Abs. 147; Jackson; Weisman, 91z Difficulty 1/5 — Foundational

Explanation

Property cannot be taken from its owner without his voluntary act or his legal fault — involuntary transfers without consent or due process of law are void.

Where this applies

  • The government takes someone's property without their consent or due process of law.
  • Property is transferred to another without the owner's voluntary act.

Legal domains

constitutionalequity

Cite this maxim

NeCede Max. 1.5.4 — What is mine cannot be lost or transferred to another without my act or my default. — Prest. Abs. 147; Jackson; Weisman, 91z (Quod meum est sine facto meo vel defectu meo amitti vel in alium transferri non potest.)

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