Skip to content
NeCede's

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?

Legal domains

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.)

Found an error? Suggest a correction →