ЗАБАВАТА НА ИЗПЪЛНЕНИЕТО УВЕЛИЧАВА РИСКА! ОСОБЕНОСТИ НА MORA DEBITORIS И НЕЙНАТА ЕВОЛЮЦИЯ ОТ ДРЕВНИЯ РИМ ДО БЪДЕЩОТО ЕВРОПЕЙСКО ПРАВО
DELAY IN PERFORMANCE INCREASES RISK! SPECIFICS OF MORA DEBITORIS AND ITS EVOLUTION FROM ANCIENT ROME TO EUROPEAN LAW

Summary/Abstract: The question of the evolution of the effects of the debtor's delay in performance will be addressed here through a particular case: when the debtor is obliged to deliver a specific thing in a specific time and he does not, after which delayed performance becomes impossible by the occurrence of a force majeure. Imagine that John is required to deliver to Pierre a horse called Lightning on March 1st. Jean does not deliver Lightning on the scheduled date and this horse dies naturally on March 10th. The question then is: does John remain bound by his obligation, or is it Peter who bears the risk? This case seems to have received a similar answer in the different modern legal systems of Europe and Latin America.

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