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LSDefine
Simple English definitions for legal terms
a non habente potestatem
Read a random definition: tender of issue
A quick definition of a non habente potestatem:
Term: a non habente potestatem
Definition: A Latin phrase used in Scots law to describe a situation where someone does not have the power or authority to do something. For example, if someone tries to sell land that they do not actually own, any documents they create to transfer ownership are considered a non habente potestatem and are invalid. This phrase is often used in legal documents to explain why certain actions cannot be taken.
A more thorough explanation:
Term: a non habente potestatemDefinition: In Scots law, this phrase means "from one not having power." It refers to a situation where a seller tries to sell something they don't actually own. For example, if A tries to sell land to B, but A doesn't actually own the land, any documents A gives to B would be considered a non habente potestatem and would be invalid. This is because A doesn't have the power to sell something they don't own. This phrase is often used in legal documents to describe situations where someone is trying to do something they don't have the authority to do.