Meaning of "Nemo Dat Quod Non Habet"

• The phrase "Nemo dat quod non habet" means "no one can give what he does not have".

Application in Property Transactions

• This principle applies to property transactions, specifically sales.
• A person cannot validly sell property that they do not own.
• Likewise, a person cannot sell property without the authorization or consent of the owner.
• This concept is reflected in Article 1605 of the Civil Code.

Relation to Contract Validity

• The principle is also connected to the validity of contracts where the object is an impossible thing or service.
• If the object of a contract is impossible, the contract is considered void, which aligns with the idea that one cannot give or do something they do not have or is impossible. This relates to Article 1409(5) of the Civil Code concerning void or inexistent contracts.