A delegated debtor is hateful in law.

Explanation

(English-origin maxim.) The law disfavors the delegation of debts — substituting a new debtor in place of the original is viewed with suspicion and requires clear proof of the creditor's consent.

Where this applies

• A creditor agrees to let a new party take over the original debtor's obligation, but the court requires clear proof that the creditor actually consented to the substitution.
• A landlord claims a new tenant assumed the old tenant's lease, but the law requires proof that the landlord agreed to release the original tenant and accept the new one.
• A bank transfers a loan obligation from one borrower to another, but the original borrower is not released unless the bank explicitly consented to the delegation.