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NeCede's

Maxim 8.6.21

No one can sue in the name of another.

Source: Dig. 50, 17, 123; Weisman, 99aa Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) A man must bring suit in his own name — no one may litigate on behalf of another without proper legal authority such as power of attorney or guardianship.

Where this applies

  • A woman tries to file a lawsuit on behalf of her adult brother without any power of attorney, and the court dismisses it because she cannot sue in someone else's name.
  • A neighbor attempts to bring a nuisance claim using another resident's name, and the court throws it out because each person must sue on his own behalf.
  • A business associate files a fraud complaint in the name of a company he does not represent, and the case is dismissed because he has no authority to sue for that entity.

Legal domains

Cite this maxim

NeCede Max. 8.6.21 — No one can sue in the name of another. — Dig. 50, 17, 123; Weisman, 99aa

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