Melior Est Conditio Possidentis, Et Rei Quam Actor, Ubi Neuter Jus Habet

Concept of “Melior Est Conditio Possidentis, et Rei Quam Actor, Ubi Neuter Jus Habet”

Traditional meaning of melior est conditio possidentis, et rei quam actor, ubi neuter jus habet in English (with some legal use of this latin concept in England and the United States in the XIX Century) [1]: (in Latin) The position of the party possessing is the stronger (better), and of the defendant than the plaintiff, when neither has the right. Meliorem conditionem suam facere potest minor, deteriorem nequaquam (a minor can make his condition better, but never worse); the contracts made by a minor are only valid if beneficial to him.

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Notes and References

1. Based on A Concise Law Dictionary of Words, Phrases and Maxims, “Melior Est Conditio Possidentis, et Rei Quam Actor, Ubi Neuter Jus Habet”, Boston: Little, Brown, and Company, 1911, United States. It is also called the Stimson’s Law dictionary. This term and/or definition may be absolete.

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