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NeCede's

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.

Legal domains

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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