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NeCede's

Maxim 4.4.8

The same person cannot be both the doer and the one to whom the thing is done.

Idem agens et patiens esse non potest.

Source: Jenk. Cent. 40; Weisman, 4a Difficulty 2/5 — Approachable

Explanation

An agent cannot deal with himself on behalf of his principal — one cannot be both buyer and seller, grantor and grantee, in the same transaction.

Where this applies

  • A broker buys stock from themselves on behalf of a client.
  • An agent deals with themselves in a transaction meant for the principal.

Legal domains

commercialequity

See also

Cite this maxim

NeCede Max. 4.4.8 — The same person cannot be both the doer and the one to whom the thing is done. — Jenk. Cent. 40; Weisman, 4a (Idem agens et patiens esse non potest.)

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