The phrase "nemo dat quod non habet "

Question

Quizplus · Accepted Answer

The phrase "nemo dat quod non habet" means "no one can give what he does not have." This concept is generally ineffective with respect to money since money is considered a fungible good, meaning that one unit of the good is interchangeable with any other unit of the same good. Therefore, if someone receives money from another person who did not actually own the money, the recipient still receives valid title to the money. This principle is not limited to any specific area of law but is a foundational principle in many legal contexts, including property law, contract law, and tort law. The phrase is often applied in the context of the sale of goods, where a seller may not be able to transfer good title to a buyer if the seller does not actually own the goods being sold.

The Phrase "Nemo Dat Quod Non Habet