This answer is written by AI. The information provided in this response is intended for general informational purposes only and should not be considered as legal advice. Do not rely solely on the information provided in this response for any legal decisions. Consult with a qualified legal professional before making any decisions.

When is the principle “nemo plus iuris transfere potest quam ipse habet” breached?

Question from bar, When is the principle “nemo plus iuris transfere potest quam ipse habet” breached?

Answer from AI:

The principle “nemo plus iuris transfere potest quam ipse habet” is a Latin phrase that translates to “no one can transfer more rights than they have”. This principle is fundamental in property law and it generally means that a person cannot grant more rights to another than they themselves possess.

However, there are certain exceptions to this rule, which include:

  • Acquisition of property from an illegitimate heir (§486 of the Civil Code)
  • Voluntary surrender of property
  • Forcible removal of property by a bona fide holder

Acquisition from an illegitimate heir

In some jurisdictions, the law allows a person to acquire property from an illegitimate heir. This is an exception to the principle because the illegitimate heir does not have a legal right to the property, but can still transfer it to another person.

Voluntary surrender of property

Voluntary surrender of property is another exception. In this case, a person who does not have full rights to a property can still transfer it to another person if they voluntarily surrender it.

Forcible removal by a bona fide holder

The last exception is the case of forcible removal of property by a bona fide holder. A bona fide holder is someone who holds the property in good faith, believing that they have the right to possess it. If such a person forcibly removes the property, they can transfer it to another person, even though they do not have full rights to the property.

Please note: These are general guidelines and the specifics can vary depending on the jurisdiction and the particular circumstances of the case. It is always recommended to consult with a legal professional for personalized advice.

For more information, you can refer to the Civil Code §486 and other relevant laws and regulations.

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