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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