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.
Topics
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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