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NeCede's

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

Legal domains

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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