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NeCede's

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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