The first of this principle is enshrined in the Latin maxim, nemo dat quod non habet, which literally means no one can give what they do not have. In the context of sale of goods it means no one can transfer a better title than he himself has. ... Buyer gets no title when sale is by a person not the owner.

Nemo date quod non habet is a Latin phrase that translates to "no one can pass a better title than he himself has." It is a legal principle that establishes the rule of "nemo dat" in property law. This principle essentially means that a person cannot transfer a greater interest in property than they possess themselves. In simpler terms, you cannot give what you do not have.

Explanation:
This principle is based on the idea that a person can only transfer the rights and interests they have in a property to another party. It prevents individuals from selling or transferring property that they do not actually own or have the legal authority to transfer. Let's break down the meaning and implications of this principle further:

1. Nemo dat:
Nemo dat is a Latin phrase that means "no one gives." It is a shortened version of the full phrase "nemo dat quod non habet." This principle is a fundamental rule in property law that protects the rights of the true owner of the property.

2. Quod non habet:
Quod non habet means "that which he does not have." This part of the phrase emphasizes the limitation on the transfer of property rights. It states that a person cannot pass on a better title or interest in property than they possess themselves.

3. Example:
To understand this principle better, let's consider an example. Suppose person A sells a car to person B, claiming to be the rightful owner. However, unbeknownst to person B, person A actually stole the car from person C. In this scenario, person A does not have the legal authority to transfer ownership of the car to person B because they do not own it in the first place. Therefore, person B does not acquire valid ownership of the car, and the true owner, person C, can reclaim it.

4. Protects purchasers:
The principle of "nemo dat quod non habet" primarily protects innocent purchasers or buyers who acquire property in good faith. It ensures that they are not deceived or defrauded by individuals who do not have valid ownership rights.

5. Legal consequences:
If a person transfers property that they do not own, the transaction is considered void or invalid. The true owner retains their rights to the property, and any subsequent purchasers will not acquire valid ownership.

Conclusion:
The principle of "nemo dat quod non habet" serves as an important legal safeguard in property transactions. It prevents individuals from passing on greater rights or interests in property than they actually possess, protecting innocent purchasers from fraudulent or unauthorized transfers.