Nemo plus iuris transferre potest quam ipse habet
Nemo plus iuris transferre potest quam ipse habet (sometimes also in the formulation "nemo plus iuris ad alium transferre potest quam ipse habet" or "nemo dat quod non habet") is a legal principle stemming from the iustinian digests , which is later called Corpus iuris civilis and has remained valid to this day. In its meaning for the law, it expresses: Nobody can transfer more rights than he himself holds.
In particular, the principle plays a role in civil law , because it states that only the holder of a right can effectively dispose of it.
The principle is relevant to the transfer of ownership . In principle, only the owner can effectively transfer ownership. However, for reasons of the protection of legitimate expectations, German law provides for the exception of the rules on bona fide acquisitions by unauthorized persons . These rules allow the purchaser to obtain property from the non-owner under certain conditions.
In the absence of a legal basis, however, this is not possible with the assignment of claims . Claims can only be assigned by the claim holder. A purchase in good faith is not possible.
It also becomes relevant when contracting / member states transfer competencies to international or supranational organizations.
Individual evidence
- ↑ Dig. 50, 17, 54
- ↑ Hans Brox , Wolf-Dietrich Walker : General part of the BGB. 42nd edition, Munich 2018, p. 283.
