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NeCede's

Maxim 12.12.12

The words "current money" designate current at the time of payment.

Source: Dav. 20; Black's, 2d. 1200; Weisman, 35m Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) A contract calling for payment in 'current money' requires tender in whatever currency is legal tender at the time of payment, not at the time the contract was made.

Where this applies

  • A contract signed in 1960 requires payment in 'current money,' and the debtor tries to pay in old silver coins that were legal tender then but aren't now — the court requires payment in whatever is legal tender at the time of payment.
  • A landlord's 30-year lease calls for rent in 'current money,' and a dispute arises over whether the tenant can pay in cryptocurrency — the standard is whatever qualifies as currency at the time each payment is due.
  • After a country redenominates its currency, a debtor under an old contract must pay in the new currency because 'current money' means current at the time of payment, not at the time the deal was struck.

Legal domains

Cite this maxim

NeCede Max. 12.12.12 — The words "current money" designate current at the time of payment. — Dav. 20; Black's, 2d. 1200; Weisman, 35m

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