Practicing Success

Target Exam

CUET

Subject

Legal Studies

Chapter

Legal Maxims

Question:
What is the meaning of the legal phrase "Nemo debt non quad habit''?
Options:
the right to bring an action before the court
from a thing done afterward
no one should be made a judge in his own cause
no one can give what he does not have
Correct Answer:
no one can give what he does not have
Explanation:
Nemo debt non quad habit: The literal meaning of the phrase “nemo dat quod non habet” means no one can give what he does not have.  This is a legal rule which states that purchasing a property from someone who doesn’t have a title denies the purchaser of the property of an ownership title also. In simple words, if someone gets something because it was transferred to him- as a bequest, sale, gift, etc., he will only have that title which the previous owner had and nothing more. The transferee derives his title from the transferor. This is also known as the derivative principle. Suppose, X transfers his property to Y. Then X turns around and transfers the property to Z. Following the rule of nemo dat quod non habet, Y will get the right from X. Now Y have the rights and X have none. So X cannot transfer Z the property.