DELAY IN PERFORMANCE INCREASES RISK! SPECIFICS OF MORA DEBITORIS AND ITS EVOLUTION

FROM ANCIENT ROME TO EUROPEAN LAW Cover Image

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

Author(s): Jean-François Gerkens
Subject(s): Law, Constitution, Jurisprudence, History of Law, Civil Law, International Law, Law on Economics
Published by: Софийски университет »Св. Климент Охридски«
Keywords: delay in performance; mora debitoris; risk; DCFR;

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.

  • Issue Year: 2016
  • Issue No: 1
  • Page Range: 594-611
  • Page Count: 18
  • Language: Bulgarian