DOWRY AND THE RESPONSIBILITY FOR MORA DEBITORIS IN THE ROMAN CLASSICAL TEXTS
DOWRY AND THE RESPONSIBILITY FOR MORA DEBITORIS IN THE ROMAN CLASSICAL TEXTS
Author(s): Milan MilutinSubject(s): Law, Constitution, Jurisprudence, History of Law, Law and Transitional Justice, Roman law
Published by: Софийски университет »Св. Климент Охридски«
Keywords: dowry; dos; debtor’s default; mora debitoris; responsibility; responsabilitas; Roman Classical Law
Summary/Abstract: When analysing the open questions regarding the Roman concept of mora debitoris, especially via the interpretation of classical texts, one encounters a number of references to dos, mostly in the matter of responsibility. What is the influence of the prestation determination impossibility to the exclusion of default, where the obligations regarding dowry fit in in terms of the bonae fidei/stricti iuris dichotomy, did the responsibility for debtor’s default in case of dowry include culpa or was it restricted to dolus, who is responsible for the reduction in the value of the dowry during the default, are just some of the questions raised in this paper.
Journal: IUS ROMANUM
- Issue Year: 2023
- Issue No: 2
- Page Range: 364-379
- Page Count: 16
- Language: English