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Transfer of title by non-owners

The general rule regarding the transfer of title is that the seller cannot transfer to the buyer of goods, a better title than he himself has. If the seller is not the owner of the goods, then the buyer will also not become the owner. This rule is expressed in the Latin maxim “Nemo dat qui non habet” which means “No one can pass a better title than what he has”. If the seller has no title to the goods, the buyer does not acquire any title although he might have acted honestly and might have paid the value of the goods. This is to protect the true owner.

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