Maxim 6.5.10
A debtor is not presumed to make a gift.
Debitor non praesumitur donare.
Source: 1 Kames, Eq. 212; Dig. 50, 16, 108; Ersk. Inst. 3, 3, 93; Weisman, 28y
Difficulty 2/5 — Approachable
Explanation
When a debtor transfers money or goods to his creditor, the natural presumption is that he intends to discharge his debt, not to confer a gratuity.
Where this applies
- A debtor sent money to a creditor — should we assume it was a gift or a debt payment?
- My business partner transferred funds to our supplier — was it a payment on our account or a donation?
See also
Cite this maxim
NeCede Max. 6.5.10 — A debtor is not presumed to make a gift. — 1 Kames, Eq. 212; Dig. 50, 16, 108; Ersk. Inst. 3, 3, 93; Weisman, 28y (Debitor non praesumitur donare.)
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