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NeCede's

Maxim 7.9.8

He who cannot pay with his purse must answer with his person, lest any offend with impunity.

Qui non potest solvere in aere, luat in corpore, ne quis peccetur impune.

Source: 2 Inst. 173; 4 Bl. Comm. 20; Weisman, 94i Difficulty 2/5 — Approachable

Explanation

The inability to pay a judgment does not extinguish the obligation — the law ensures that no wrong goes entirely unremedied, even when the wrongdoer lacks the means for monetary satisfaction.

Where this applies

  • A debtor who can't pay money damages may face other consequences.
  • A judgment debtor with no assets — the obligation doesn't just disappear.

Legal domains

See also

Cite this maxim

NeCede Max. 7.9.8 — He who cannot pay with his purse must answer with his person, lest any offend with impunity. — 2 Inst. 173; 4 Bl. Comm. 20; Weisman, 94i (Qui non potest solvere in aere, luat in corpore, ne quis peccetur impune.)

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