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NeCede's

Maxim 6.5.7

The refusal of money tendered releases him who tenders it.

Recusatio oblati liberat offerentem.

Source: 9 Co. 79a; Weisman, 28u Difficulty 1/5 — Foundational

Explanation

A lawful tender discharged and refused extinguishes the obligation — the creditor who refuses lawful payment loses his claim to compel it.

Where this applies

  • I offered to pay my landlord the full rent but he refused to accept it — am I still liable?
  • The creditor rejected my payment in full — can they still come after me for the debt?

Legal domains

See also

Cite this maxim

NeCede Max. 6.5.7 — The refusal of money tendered releases him who tenders it. — 9 Co. 79a; Weisman, 28u (Recusatio oblati liberat offerentem.)

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