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.