Maxim 6.5.26
A fire does not release a debtor from his debt.
Source: Code. 4, 2, 11; Weisman, 28x
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) The accidental destruction of evidence or property by fire does not extinguish the underlying debt — the obligation survives independent of the physical instruments that evidence it.
Where this applies
- A debtor's house burns down along with the promissory note he signed, but the creditor can still collect because the fire did not extinguish the underlying debt.
- A fire destroys a merchant's records of accounts receivable, but the debts owed to him survive because the obligation exists independent of the paperwork.
- A bank's building burns and the original loan documents are lost, but every borrower still owes what they owed — fire does not cancel a debt.
Legal domains
Cite this maxim
NeCede Max. 6.5.26 — A fire does not release a debtor from his debt. — Code. 4, 2, 11; Weisman, 28x
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