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NeCede's

Maxim 1.5.224

Money refused frees the debtor.

Reprobata pecunia liberat solventem.

Source: 9 Co. 79; Jackson Difficulty 1/5 — Foundational

Explanation

A lawful tender of payment that is refused by the creditor discharges the debt — the debtor who offers what he owes in good faith cannot be held liable for the creditor’s refusal to accept.

Where this applies

  • A debtor offers full payment and the creditor refuses to accept it.
  • Someone tries to pay their debt but the lender turns down the money.

Legal domains

Cite this maxim

NeCede Max. 1.5.224 — Money refused frees the debtor. — 9 Co. 79; Jackson (Reprobata pecunia liberat solventem.)

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