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NeCede's

Maxim 5.5.3

To sell is one thing; to consent to a sale is another.

Aliud est vendere, aliud vendenti consentire.

Source: Dig. 50.17.160; Weisman, 13a Difficulty 1/5 — Foundational

Explanation

The owner's consent is the foundation of every lawful sale — a sale without consent is no sale at all.

Where this applies

  • Someone sold my car without my permission while I was overseas.
  • My property was auctioned off and I never agreed to the sale.

Legal domains

See also

Cite this maxim

NeCede Max. 5.5.3 — To sell is one thing; to consent to a sale is another. — Dig. 50.17.160; Weisman, 13a (Aliud est vendere, aliud vendenti consentire.)

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