Sales in market overt is the only exception to the rule of nemo dat quod non hebet.discuss?

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1080177

2026-02-15 00:35

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The principle of "nemo dat quod non habet" states that one cannot transfer a better title to a property than they possess. However, sales in a market overt—traditionally a public marketplace—are an exception to this rule. In such settings, if a seller sells goods openly and in good faith, the buyer can acquire valid title, even if the seller did not own the goods. This exception encourages commerce and protects buyers who rely on the visibility and legitimacy of market transactions.

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