nemo dat rule


  • Property Law

Definitions of nemo dat rule

  • a legal rule that without the authority of the true owner, a person who does not own property, especially a thief, cannot give good title to that property to another

    He cited the nemo dat rule in his brief to the court.

Phrase Bank for nemo dat rule

  • The Factors Act 1889 provides exceptions to the nemo dat rule based on mercantile agency (section 2), seller in possession (section 8), and buyer in possession (section 9).

  • It is apparent that the nemo dat rule strives to preserve the proprietary interest of the true owner.

  • The exceptions to the nemo dat rule set out in subsections 25.1(2) and (3) apply only to fee simple interests, not to charges.

  • Therefore under the exceptions to the nemo dat rule, the buyer acquires a new title distinct from that belonging to the seller.

Additional Notes for nemo dat rule

  • The full Latin phrase is nemo dat quod non habet, which loosely translates as you cannot give what you do not have.