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NeCede's

Maxim 8.8.10

Matters adjudged between other parties create no prejudice to those who were not parties.

Res inter alios judicatae nullum aliis praejudicium faciunt.

Source: Dig. 44, 2, 1; Dig. 42, 1, 63 Difficulty 1/5 — Foundational

Explanation

A judgment binds only the parties to the proceeding — strangers to the suit are not affected by it, because they had no opportunity to be heard.

Where this applies

  • A judgment in a case I wasn't involved in is being used against me.
  • Someone else's court case is being cited to take away my rights — but I was never a party.

Legal domains

criminalprocedural

See also

Cite this maxim

NeCede Max. 8.8.10 — Matters adjudged between other parties create no prejudice to those who were not parties. — Dig. 44, 2, 1; Dig. 42, 1, 63 (Res inter alios judicatae nullum aliis praejudicium faciunt.)

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