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NeCede's

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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