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Justinian I · The Digest of Justinian §50.17.54.pr

Rule That No One Can Transfer More Rights Than They Have

Passage 9114 of 9271 · Latin

Summary

Ulpian's formulation of the fundamental private law principle (the so-called "nemo plus" rule) that no one can transfer more rights to another than they themselves possess.

[ULPIANUS libro quadragensimo sexto ad edictum. ] §50.17.54.prNemo plus iuris ad alium transferre potest, quam ipse haberet.
[ULPIAN, in his forty-sixth book on the Edict.] No one can transfer to another more rights than he himself would have.

Notes

  1. §50.17.54.prplus iuris — "plus" is a neuter singular noun (here in the accusative as the direct object of "transferre"), with "iuris" as a partitive genitive depending on it. Literally, "more of right."
  2. §50.17.54.prhaberet — The subjunctive imperfect is used in the comparative clause ("quam...") to express a hypothetical or potential state ("which he himself would have" under the circumstances of transferring), rather than a simple indicative fact.

Cite this passage

Justinian I, The Digest of Justinian §50.17.54.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.54.pr

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