Maxim 5.4.15
No man can give that which he has not.
Source: Fleta, lib. 3, c. 15, s. 8; Jenk. Cent. 250; Broom, Max. 499n; Jackson v. Bradford, 4 Wend. (N.Y.) 619; Shep. Touch. 243; Weisman, 48d
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) No man can give away what does not belong to him — the donor must have title to the thing given, or the gift is a nullity.
Where this applies
- A man tries to sell a car that is still titled in his ex-wife's name — he cannot transfer what he does not own.
- Someone attempts to donate a piece of art to a museum, but the art belongs to an estate that has not yet distributed it to her.
- A contractor promises to deliver lumber that belongs to his supplier, not to him, and the promise is worthless because he has no title to give.
Cite this maxim
NeCede Max. 5.4.15 — No man can give that which he has not. — Fleta, lib. 3, c. 15, s. 8; Jenk. Cent. 250; Broom, Max. 499n; Jackson v. Bradford, 4 Wend. (N.Y.) 619; Shep. Touch. 243; Weisman, 48d
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