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NeCede's

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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