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NeCede's

Maxim 6.5.8

Whatever is paid is applied according to the intention of the payer.

Quicquid solvitur, solvitur secundum modum solventis.

Source: 2 Vern. 606; Bouv. 152; Weisman, 28s; Weisman, 35d; Weisman, 48j Difficulty 2/5 — Approachable

Explanation

The payer directs the application of his payment — the creditor cannot redirect it to a different obligation without the payer's consent.

Where this applies

  • I made a payment and told the bank to apply it to my mortgage, but they applied it to my credit card instead.
  • I specified which bill my payment should cover but the company ignored my instructions.

Topics

Debt & Creditors

Legal domains

commercialcontract

See also

Cite this maxim

NeCede Max. 6.5.8 — Whatever is paid is applied according to the intention of the payer. — 2 Vern. 606; Bouv. 152; Weisman, 28s; Weisman, 35d; Weisman, 48j (Quicquid solvitur, solvitur secundum modum solventis.)

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