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NeCede's

Maxim 8.7.4

Nothing can be demanded before the time when, by the nature of things, it can be performed.

Nihil peti potest ante id tempus quo per rerum naturam persolvi possit.

Source: Dig. 50, 17, 186 Difficulty 1/5 — Foundational

Explanation

A premature demand is no demand at all — the cause of action must be ripe before the court will entertain it. (Duplicate maxim — see also 6.5.4.)

Where this applies

  • The landlord is demanding rent for next year even though it's not due yet.
  • A creditor filed suit before the debt was even due — the claim isn't ripe.

Legal domains

See also

Cite this maxim

NeCede Max. 8.7.4 — Nothing can be demanded before the time when, by the nature of things, it can be performed. — Dig. 50, 17, 186 (Nihil peti potest ante id tempus quo per rerum naturam persolvi possit.)

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