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NeCede's

Maxim 6.5.5

He does not pay who pays too late; by the delay he is judged not to have paid.

Non solvit qui non debet, nisi solverit in tempore.

Source: Dig. 50, 16, 12, 1; Bouv. 139; Weisman, 28t Difficulty 2/5 — Approachable

Explanation

Timely performance is essential to discharge — a government's delayed remedy is no remedy at all.

Where this applies

  • I paid my debt three months late — does the creditor have to accept it as full payment?
  • The government processed my tax refund six months late — is that the same as not paying?

Legal domains

contract

See also

Cite this maxim

NeCede Max. 6.5.5 — He does not pay who pays too late; by the delay he is judged not to have paid. — Dig. 50, 16, 12, 1; Bouv. 139; Weisman, 28t (Non solvit qui non debet, nisi solverit in tempore.)

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