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NeCede's

Maxim 6.5.24

A debt is a legal relation between two parties.

Source: Safe Dep. & Tr. Co. v. Virginia, 280 U.S. 83, 97; Weisman, 28v Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) A debt is not a thing but a legal relation between two determinate parties — the debtor-creditor bond is personal and exists only between those bound by the obligation.

Where this applies

  • A creditor sues a debtor, and the court recognizes that the debt exists only as a legal relationship between these two specific parties — no third party can step in as creditor without proper assignment.
  • A lender dies, and the question of who may now collect the debt depends on the legal relationship, not on who physically holds the promissory note.
  • Two companies dispute whether one owes the other money, and the court examines whether a debtor-creditor relationship actually exists between them before allowing the claim.

Legal domains

Cite this maxim

NeCede Max. 6.5.24 — A debt is a legal relation between two parties. — Safe Dep. & Tr. Co. v. Virginia, 280 U.S. 83, 97; Weisman, 28v

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