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NeCede's

Maxim 6.5.4

Nothing can be demanded before the time when, by the nature of things, it can be paid.

Nihil peti potest ante id tempus quo per rerum naturam persolvi possit.

Source: Dig. 50, 17, 186; Weisman, 13j; Weisman, 28d Difficulty 1/5 — Foundational

Explanation

A debt is not due before its appointed time — premature demands are without force in law. (Duplicate maxim — see also 8.7.4.)

Where this applies

  • My landlord is demanding next month's rent before it's due.
  • A creditor is trying to collect on a debt that isn't due for another six months.

Legal domains

contract

See also

Cite this maxim

NeCede Max. 6.5.4 — Nothing can be demanded before the time when, by the nature of things, it can be paid. — Dig. 50, 17, 186; Weisman, 13j; Weisman, 28d (Nihil peti potest ante id tempus quo per rerum naturam persolvi possit.)

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