Nemo plus
No one can transfer more rights than he himself has.
The legal principle that no one can transfer more rights than he himself possesses.
The principle of nemo plus iuris transferre potest quam ipse habet is a classic Latin maxim applicable under Dutch law to transfers of goods and rights. It precludes a person from transferring a more extensive right than they themselves hold at the relevant time, as in the case of a transfer of ownership or an assignment.
This principle operates in both property law and the law of obligations to safeguard the chain of title and to prevent unjust enrichment. It ensures that an acquirer acquires no stronger position than that held by their predecessor in title.
In practice, it is frequently invoked in disputes concerning the transfer of ownership, for instance where a non-owner seeks to sell an asset.
“The buyer could not acquire ownership of the stolen bicycle, as the seller himself was not the owner, pursuant to the nemo plus principle.”
Related terms
Need legal advice?
Schedule a free consultation with one of our specialists