Maxim 1.5.44
That which is assigned takes with it for its use the rights of the assignor.
Assignatus utitur jure auctoris.
Source: Hal. Max. 14; Jackson
Difficulty 2/5 — Approachable
Explanation
An assignee stands in the shoes of his assignor and acquires no greater right than the assignor possessed — one cannot transfer more than one has.
Where this applies
- Someone buys a debt or claim from another person and tries to enforce more than the original holder could.
- An assignee claims greater rights than the person who assigned them.
Legal domains
Cite this maxim
NeCede Max. 1.5.44 — That which is assigned takes with it for its use the rights of the assignor. — Hal. Max. 14; Jackson (Assignatus utitur jure auctoris.)
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