Maxim 5.4.3
No man can transfer to another a greater right than he himself has.
Nemo plus juris ad alienum transferre potest quam ipse haberet.
Source: Dig. 50.17.54; Broom, Max. 499n; Noy, Max. 9th ed.; Weisman, 86l
Difficulty 1/5 — Foundational
Explanation
This is the universal limit on all transfers — a grantor cannot convey what he does not own, whether it be property, power, or privilege.
Where this applies
- The city granted a permit for someone to build on land the city doesn't own.
- A tenant sublet my apartment to someone else — they don't have the right to do that.
Topics
See also
Cite this maxim
NeCede Max. 5.4.3 — No man can transfer to another a greater right than he himself has. — Dig. 50.17.54; Broom, Max. 499n; Noy, Max. 9th ed.; Weisman, 86l (Nemo plus juris ad alienum transferre potest quam ipse haberet.)
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