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NeCede's

Maxim 11.4.4

Time is a means of destroying obligations and actions.

Tempus enim modus tollendi obligationes et actiones.

Source: Bract. fols. 100b, 101; Fleta, lib. 1, c. 4, s. 5, §12; Weisman, 100a Difficulty 1/5 — Foundational

Explanation

Where an instrument or right is not enforced within the time allowed, the law may extinguish the obligation — continuity of claim is the antidote to the running of time.

Where this applies

  • I waited too long to enforce my right and now it may be time-barred.
  • The statute of limitations has run because I didn't act in time.
  • Time destroys obligations and actions when you sleep on your rights.

Legal domains

procedural

See also

Cite this maxim

NeCede Max. 11.4.4 — Time is a means of destroying obligations and actions. — Bract. fols. 100b, 101; Fleta, lib. 1, c. 4, s. 5, §12; Weisman, 100a (Tempus enim modus tollendi obligationes et actiones.)

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