No one gives what he does not have.

Explanation

A man cannot transfer a greater right than he possesses — this applies equally to private conveyance and to government grants of authority.

Where this applies

• A man sells a car to his neighbor, but it turns out the car was leased and the man never held title — he could not transfer ownership he did not have, and the neighbor's purchase is void against the true owner.
• A city council grants a developer exclusive rights to build on state-owned land, but the city has no authority over state property — the city cannot give what it does not possess, and the grant is worthless.
• A parent signs over power of attorney for her elderly mother's bank accounts, but the parent was never authorized to manage those accounts — she cannot delegate authority she was never given.

See also

• 2.2.2 The derivative power cannot be greater than the original from which it is derived.
• 5.4.3 No man can transfer to another a greater right than he himself has.
• 5.5.4 He who has the right of giving also has the right of selling and granting.