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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