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NeCede's

Maxim 5.1.21

What belongs to us cannot be transferred to another without our consent.

Id quod nostrum est sine facto nostro ad alium transferri non potest.

Source: Dig. 50, 17, 11; Bouvier, *Law Dictionary* (1856) Difficulty 1/5 — Foundational

Explanation

The right of property includes the exclusive power of disposition — no transfer is lawful without the owner's act or agreement.

Where this applies

  • A family member transferred my deed to someone else without my knowledge.
  • The bank sold my mortgage to another company without my agreement.

Legal domains

contractproperty

See also

Cite this maxim

NeCede Max. 5.1.21 — What belongs to us cannot be transferred to another without our consent. — Dig. 50, 17, 11; Bouvier, *Law Dictionary* (1856) (Id quod nostrum est sine facto nostro ad alium transferri non potest.)

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