Nemo dat quod non habet

Nemo plus iuris potest quam ipse transferre all were (sometimes in the phrase " nemo plus iuris ad alium potest quam ipse transferre all were " or " nemo dat quod non all were ") is a from the Corpus iuris Civilis (D. 50, 17, 54 ) originating principle of law that is valid in principle today. The German translation is: No one can transfer more rights than he himself has.

He plays primarily in civil law a major role, stating that only the holder of a right can have this effect.

  • Example, transfer of ownership: Only the owner can effectively transfer ownership. Exception: The possibility of acquisition in good faith by the Ineligible allows the acquirer to obtain property by non-owners.
  • Example Assignment of Claims: Only the owner of the receivable can assign this effect. A good faith acquisition does not take place due to lack of appearance basis.

He is also relevant when Vertrags-/Mitgliedsstaaten transfer competences to international or supranational organizations.

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