nemo dat quod non habetphr.

Brit.

/ˈniːməʊ ˌdat kwɒd ˌnɒn ˈheɪbɛt/,

/ˈneɪməʊ ˌdat kwɒd ˌnəʊn ˈhabɛt/, U.S.

/ˈˌnimoʊ ˌdɑt ˌkwɑd ˌnɑn ˈheɪbət/,

/ˈˌneɪmoʊ ˌdɑt ˌkwɑd noʊn ˈhɑbət/

Forms: 1700s– nemo dat qui non habet, 1800s– nemo dat quod non habet.

Origin: A borrowing from Latin. Etymon: Latin nemo dat quod non habet.

Etymology: < post-classical Latin nemo dat quod non habet ‘no one gives what he or she does not have’ (attested 1661 as dat quod non habet ) < classical Latin nēmō no one ( < ne- not (see ne adv.¹) + homō man: see homo n.¹) + dat , 3rd singular present of dare to give (see datum n.) + quod what (see what pron.) + nōn not (see non n.¹) + habet , 3rd singular present of habēre to have (see habit n.).The variant nemo dat qui non habet ‘no one gives who does not have’ has quī who (see who pron. and n.) instead of quod.

Law.

‘No one can give what he or she does not have’; used to express the general principle that a person who does not own property or goods cannot sell them or confer them on another except with the true owner's authority.

ΚΠ

1643 J. Bramhall Serpent Salve 15 Nihil dat quod non habet, some Power the People..never had, as power of Life and Death, it is the peculiar right of God and his viceregents.]

a1674 O. Bridgeman Rep. Judgments (1823) (modernized text) 428 In our case Sir John Ramsey had no ancestral inheritable blood, and according to the rule nemo dat quod non habet.

1783 H. Cowper Rep. Court King's Bench 1774–78 697 A lease and release, bargain and sale, or covenant to stand seised were innocent for the purpose; and by them he could not give what he had not: but the maxim ‘nemo dat, &c.’ does not apply to the case of a feoffment.

1848 J. J. S. Wharton Law Lexicon Nemo dat qui non habet.

1873 J. W. Wallace Cases Supreme Court U.S. 16 5504 No one in general can sell personal property and convey a valid title to it unless he is the owner or lawfully represents the owner. Nemo dat quod non habet.

1935 Amer. Jrnl. Internat. Law 51 6 He found it impossible to say that the contract was binding upon Greece because of ‘a general principle of law’ that ‘nemo dat quod non habet.’

1959 Earl Jowitt & C. Walsh Dict. Eng. Law II.1218/1 Nemo dat qui non habet, the general rule is that no man can give another any better title than he himself has.

1989 A. P. Dobson Sale of Goods & Consumer Credit (ed. 4) 54 The general principle ‘Nemo dat quod non habet’..is..‘Where goods are sold by a person who is not their owner, and who does not sell them under the authority or with the consent of the owner, the buyer acquires no better title to the goods than the seller had.’

1999 Britannica Online (Version 99.1) All three systems [sc. Anglo-American, French, and German] hold as a basic principle that one cannot transfer more rights in a thing than one has (nemo dat quod non habet);..but..both the French and German systems recognize that the actual possessor of movable goods (with the notable exception of stolen goods) may give good title..to a good-faith purchaser.

This is a new entry (OED Third Edition, September 2003; most recently modified version published online March 2022).

单词	nemo dat quod non habet
释义	nemo dat quod non habetphr. Brit. /ˈniːməʊ ˌdat kwɒd ˌnɒn ˈheɪbɛt/, /ˈneɪməʊ ˌdat kwɒd ˌnəʊn ˈhabɛt/, U.S. /ˈˌnimoʊ ˌdɑt ˌkwɑd ˌnɑn ˈheɪbət/, /ˈˌneɪmoʊ ˌdɑt ˌkwɑd noʊn ˈhɑbət/ Forms: 1700s– nemo dat qui non habet, 1800s– nemo dat quod non habet. Origin: A borrowing from Latin. Etymon: Latin nemo dat quod non habet. Etymology: < post-classical Latin nemo dat quod non habet ‘no one gives what he or she does not have’ (attested 1661 as dat quod non habet ) < classical Latin nēmō no one ( < ne- not (see ne adv.¹) + homō man: see homo n.¹) + dat , 3rd singular present of dare to give (see datum n.) + quod what (see what pron.) + nōn not (see non n.¹) + habet , 3rd singular present of habēre to have (see habit n.).The variant nemo dat qui non habet ‘no one gives who does not have’ has quī who (see who pron. and n.) instead of quod. Law. ‘No one can give what he or she does not have’; used to express the general principle that a person who does not own property or goods cannot sell them or confer them on another except with the true owner's authority. ΚΠ 1643 J. Bramhall Serpent Salve 15 Nihil dat quod non habet, some Power the People..never had, as power of Life and Death, it is the peculiar right of God and his viceregents.] a1674 O. Bridgeman Rep. Judgments (1823) (modernized text) 428 In our case Sir John Ramsey had no ancestral inheritable blood, and according to the rule nemo dat quod non habet. 1783 H. Cowper Rep. Court King's Bench 1774–78 697 A lease and release, bargain and sale, or covenant to stand seised were innocent for the purpose; and by them he could not give what he had not: but the maxim ‘nemo dat, &c.’ does not apply to the case of a feoffment. 1848 J. J. S. Wharton Law Lexicon Nemo dat qui non habet. 1873 J. W. Wallace Cases Supreme Court U.S. 16 5504 No one in general can sell personal property and convey a valid title to it unless he is the owner or lawfully represents the owner. Nemo dat quod non habet. 1935 Amer. Jrnl. Internat. Law 51 6 He found it impossible to say that the contract was binding upon Greece because of ‘a general principle of law’ that ‘nemo dat quod non habet.’ 1959 Earl Jowitt & C. Walsh Dict. Eng. Law II.1218/1 Nemo dat qui non habet, the general rule is that no man can give another any better title than he himself has. 1989 A. P. Dobson Sale of Goods & Consumer Credit (ed. 4) 54 The general principle ‘Nemo dat quod non habet’..is..‘Where goods are sold by a person who is not their owner, and who does not sell them under the authority or with the consent of the owner, the buyer acquires no better title to the goods than the seller had.’ 1999 Britannica Online (Version 99.1) All three systems [sc. Anglo-American, French, and German] hold as a basic principle that one cannot transfer more rights in a thing than one has (nemo dat quod non habet);..but..both the French and German systems recognize that the actual possessor of movable goods (with the notable exception of stolen goods) may give good title..to a good-faith purchaser. This is a new entry (OED Third Edition, September 2003; most recently modified version published online March 2022). < phr.a1674
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