Legal Definitions - anomalous plea

A Non Domino

"A non domino" is a Latin legal phrase that literally translates to "from one who is not the proprietor." It describes an action or transaction undertaken by someone who does not possess the legal right or ownership (proprietorship) over the subject of that action or transaction. Essentially, it refers to an attempt to transfer something, or assert a right over something, by a person who is not the rightful owner. Such actions are generally considered invalid because one cannot legally give away or grant what one does not legitimately possess.

• Example 1 (Real Estate):

  Imagine a situation where a person, Mr. Smith, attempts to sell a vacant plot of land to a buyer, Ms. Jones. Unbeknownst to Ms. Jones, Mr. Smith does not actually own the land; it is legally owned by the local municipality.

  Mr. Smith's attempt to sell the land is an act a non domino. Since he is not the legal proprietor of the land, he lacks the authority to transfer its ownership. Any sale agreement he enters into with Ms. Jones would be invalid, and Ms. Jones would not acquire legal title to the property.

• Example 2 (Personal Property):

  Consider a scenario where a valuable antique painting is stolen from a private collection. The thief then tries to sell the painting to an art dealer, claiming it is a family heirloom.

  The thief's attempt to sell the painting is an act a non domino. Despite having physical possession of the stolen artwork, the thief is not its rightful proprietor. Therefore, the thief cannot legally transfer ownership to the art dealer, and the original owner retains the legal right to reclaim the painting.

• Example 3 (Intellectual Property Rights):

  Suppose a software developer, Sarah, creates a unique algorithm and patents it. Later, a former colleague of Sarah's, David, attempts to license the use of this patented algorithm to a third-party technology company, claiming he developed it.

  David's attempt to license the patent is an act a non domino. He is not the legal proprietor of the patent rights; Sarah is. Consequently, David cannot legitimately grant a license for something he does not own, and any agreement he makes with the technology company would be legally unenforceable by him.