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NeCede's

Maxim 6.5.9

The rights of creditors can neither be taken away nor diminished by agreements among the debtors.

Debitorum pactionibus creditorum petitio nec tolli nec minui potest.

Source: Broom, Max. 697; Jackson 175; Weisman, 28z Difficulty 2/5 — Approachable

Explanation

Debtors cannot conspire to defeat their creditors' claims — private arrangements among those who owe do not bind those who are owed.

Where this applies

  • The borrowers made a side deal among themselves to reduce what they owe me — does that affect my claim?
  • Multiple debtors agreed to split the debt differently between themselves without asking the creditor.

Legal domains

See also

Cite this maxim

NeCede Max. 6.5.9 — The rights of creditors can neither be taken away nor diminished by agreements among the debtors. — Broom, Max. 697; Jackson 175; Weisman, 28z (Debitorum pactionibus creditorum petitio nec tolli nec minui potest.)

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