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NeCede's

Maxim 5.4.19

He gives nothing who has nothing.

Nihil dat qui non habet.

Source: Cycl. Diet. 693; Weisman, 48m Difficulty 3/5 — Intermediate

Explanation

A person who owns nothing has nothing to give — the purported gift or conveyance of another's property passes no title and confers no right on the recipient.

Where this applies

  • A bankrupt man tries to give his nephew a valuable watch, but since all his assets have been claimed by creditors, he has nothing left to give.
  • A squatter offers to sell someone a plot of land he does not own — having nothing, he gives nothing.
  • A company with no remaining assets after liquidation attempts to distribute a bonus to employees, but there is nothing to distribute.

Legal domains

Cite this maxim

NeCede Max. 5.4.19 — He gives nothing who has nothing. — Cycl. Diet. 693; Weisman, 48m (Nihil dat qui non habet.)

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