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NeCede's

Maxim 1.5.234

If anything is owed to an entire body it is not owed to the individual members, nor do the individual members owe what is owed by the entire body.

Si quid universitati debetur singulis non debetur nec quod debet universitas singuli debent.

Source: D. 3, 4, 7, 1; Jackson; Weisman, 28o Difficulty 2/5 — Approachable

Explanation

A corporation or body politic is a legal person distinct from its members — debts owed to or by the entity are not the debts of the individuals who compose it.

Where this applies

  • Individual members of a corporation are sued for the corporation's debts.
  • A shareholder claims they personally are owed money that is owed to the company.

Legal domains

Cite this maxim

NeCede Max. 1.5.234 — If anything is owed to an entire body it is not owed to the individual members, nor do the individual members owe what is owed by the entire body. — D. 3, 4, 7, 1; Jackson; Weisman, 28o (Si quid universitati debetur singulis non debetur nec quod debet universitas singuli debent.)

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