Legal Definitions - quamvis non potuerit dare

quamvis non potuerit dare

This Latin phrase translates to "although he had not been able to give or administer it." It refers to a historical legal principle concerning situations where an individual was prevented from providing or transferring something due to circumstances beyond their control or a lack of legal capacity.

This concept often arose in contexts where an obligation existed, or an intent to transfer was present, but the actual performance of giving or administering was impossible.

• Example 1: Inheritance of a Destroyed Item

  Imagine a will from centuries ago that specifically bequeathed a unique, irreplaceable family heirloom, such as a rare tapestry, to a particular heir. However, before the will-maker's death, the tapestry was completely destroyed in an accidental fire.

  This illustrates "quamvis non potuerit dare" because, although the will-maker clearly intended to give the tapestry, they were ultimately unable to administer or transfer it because the item itself no longer existed. The legal system would then have to determine the implications of this impossibility.

• Example 2: Contract for a Lost Shipment

  Consider a historical contract where a merchant agreed to sell and deliver a specific quantity of a rare, perishable commodity, like exotic fruits, to a buyer in a distant city. En route, the entire shipment was unexpectedly lost due to a severe storm at sea, making delivery impossible.

  Here, "quamvis non potuerit dare" applies because, despite the merchant's contractual obligation and intent to deliver, they were physically and practically unable to give the goods due to their destruction. This situation would historically raise questions about liability and the enforceability of the contract.

• Example 3: Grant of Unowned Land

  In a feudal society, a lord might have promised a specific parcel of land to a loyal vassal as a reward for military service. Later, it was discovered that the lord did not actually possess clear legal title to that particular land, or it was subsequently claimed by a more powerful sovereign, making the grant invalid.

  This demonstrates "quamvis non potuerit dare" because, even though the lord intended to grant the land, they were legally unable to give or administer it due to a lack of proper ownership or superior claim. The promised transfer could not be completed, highlighting an impossibility of performance from the outset.