Maxim 7.4.26
No one should be injured by that which has taken place between other parties.
Source: Dig. 12, 2, 10; Weisman, 59u
Difficulty 2/5 — Approachable
Explanation
(English-origin maxim.) A stranger to a transaction or proceeding cannot be prejudiced by it — no man should suffer injury from the acts of parties with whom he had no dealing.
Where this applies
- A bank settles a dispute with one borrower by changing the loan terms, and a different borrower who was not part of that deal cannot be bound by the new terms.
- Two business partners agree to dissolve their company, and a supplier who had a separate contract with the company cannot be harmed by their private agreement.
- A divorce settlement between spouses cannot reduce the inheritance rights of a child from a prior marriage who was not a party to the agreement.
Cite this maxim
NeCede Max. 7.4.26 — No one should be injured by that which has taken place between other parties. — Dig. 12, 2, 10; Weisman, 59u
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