Legal Definitions - a non habente potestatem

Term: a non habente potestatem
Definition: 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.