Maxim 6.5.14
He who has not the means to pay with his purse must suffer in his person.
Qui non habet in aere, luat in corpore.
Source: 2 Inst. 173; Jackson
Difficulty 2/5 — Approachable
Explanation
At common law, a debtor who could not satisfy a judgment in money was subject to imprisonment for debt — a harsh rule largely abolished but reflecting the principle that obligations must be answered.
Where this applies
- I can't pay a judgment against me — could I go to jail for a civil debt?
- Someone who owes money and has no assets to pay — what happens to them?
Cite this maxim
NeCede Max. 6.5.14 — He who has not the means to pay with his purse must suffer in his person. — 2 Inst. 173; Jackson (Qui non habet in aere, luat in corpore.)
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