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NeCede's

Maxim 8.6.20

He in vain sues, who cannot prosecute his judgment with effect.

Source: Fleta, lib. 6, c. 37, s. 9; Weisman, 99v Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) A plaintiff who cannot enforce a judgment gains nothing by obtaining it — the law discourages suits where the remedy, even if granted, would be illusory.

Where this applies

  • A plaintiff wins a judgment against a defendant who has no assets, no income, and has fled the country — the victory is meaningless because the judgment cannot be enforced.
  • A creditor considers suing a bankrupt debtor but decides against it, because even a favorable ruling would be uncollectible.
  • A tenant sues a defunct landlord corporation for return of her security deposit, but the company has dissolved and has no remaining assets to satisfy any judgment.

Legal domains

Cite this maxim

NeCede Max. 8.6.20 — He in vain sues, who cannot prosecute his judgment with effect. — Fleta, lib. 6, c. 37, s. 9; Weisman, 99v

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