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NeCede's

Maxim 6.5.16

In all obligations when no time is fixed for the payment, the thing is due immediately.

In omnibus obligationibus in quibus dies non ponitur, praesenti die debetur.

Source: Dig. 50, 17, 14; Bouvier, *Law Dictionary* (1856); Weisman, 28p Difficulty 2/5 — Approachable

Explanation

Where the parties fix no date for performance, the obligation is presently due — the debtor cannot shelter behind silence on the question of time.

Where this applies

  • The contract doesn't say when payment is due — so when do I have to pay?
  • We agreed on the price but never set a payment deadline — is it due right now?

Topics

Debt & Creditors

Legal domains

contract

See also

Cite this maxim

NeCede Max. 6.5.16 — In all obligations when no time is fixed for the payment, the thing is due immediately. — Dig. 50, 17, 14; Bouvier, *Law Dictionary* (1856); Weisman, 28p (In omnibus obligationibus in quibus dies non ponitur, praesenti die debetur.)

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