Maxim 9.2.8
An oath made between others ought neither to hurt nor to benefit a stranger.
Jusjurandum inter alios factum nec nocere nec prodesse debet.
Source: 4 Inst. 279; Jackson, No. 472; Weisman, 84l
Difficulty 2/5 — Approachable
Explanation
The binding force of an oath extends only to the parties involved; third parties are neither bound by, nor entitled to rely upon, sworn statements made in proceedings to which they were not privy.
Where this applies
- Someone else's sworn testimony in another case is being used against me.
- An oath given in a different proceeding between different people is being brought into my case.
- They want to use a sworn statement from a trial I wasn't part of.
Legal domains
See also
Cite this maxim
NeCede Max. 9.2.8 — An oath made between others ought neither to hurt nor to benefit a stranger. — 4 Inst. 279; Jackson, No. 472; Weisman, 84l (Jusjurandum inter alios factum nec nocere nec prodesse debet.)
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