Open main menu
Home
Random
Recent changes
Special pages
Community portal
Preferences
About Wikipedia
Disclaimers
Incubator escapee wiki
Search
User menu
Talk
Dark mode
Contributions
Create account
Log in
Editing
Nemo dat quod non habet
(section)
Warning:
You are not logged in. Your IP address will be publicly visible if you make any edits. If you
log in
or
create an account
, your edits will be attributed to your username, along with other benefits.
Anti-spam check. Do
not
fill this in!
{{short description|Legal principle}} {{italic title}} {{Refimprove|date=December 2009}} {{Property law}} '''''Nemo dat quod non habet''''', literally meaning "no one can give what they do not have", is a legal rule, sometimes called the '''''nemo dat'' rule''', that states that the purchase of a possession from someone who has no ownership right to it also denies the purchaser any [[ownership]] title. It is equivalent to the civil (continental) ''Nemo plus iuris ad alium transferre potest quam ipse habet'' rule, which means "one cannot transfer to another more rights than they have". The rule usually stays valid even if the purchaser does not know that the seller has no right to claim ownership of the object of the transaction (a [[bona fide purchaser|''bona fide'' purchaser]]); however, in many cases, more than one innocent party is involved, making judgment difficult for courts and leading to numerous exceptions to the general rule that aim to give a degree of protection to ''bona fide'' purchasers and original owners. The possession of the good of title will be with the original owner.
Edit summary
(Briefly describe your changes)
By publishing changes, you agree to the
Terms of Use
, and you irrevocably agree to release your contribution under the
CC BY-SA 4.0 License
and the
GFDL
. You agree that a hyperlink or URL is sufficient attribution under the Creative Commons license.
Cancel
Editing help
(opens in new window)