Mora debitoris и чл. 85 ЗЗД
MORA DEBITORIS AND ARTICLE 85 OF THE LAW ON OBLIGATIONS AND CONTRACTS

Author(s): Tihomir Rachev
Subject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Издателство „Сиби“
Keywords: mora debitoris; debtor’s liability; Bulgarian Law on Obligations and Contracts; Roman legal tradition in contemporary law
Summary/Abstract: The aim of the present article is to trace the genesis and historical roots of the exception to the consequences of the debtor’s default – mora debitoris; introduced in contemporary Bulgarian law by art. 85 of the Law on Obligations and Contracts (LOC). According to this text; the debtor’s liability for non-performance of his obligation could be avoided; even if the impossibility for performance of the obligation arises after the delay. The essence of art. 85 LOC is examined by comparison with other legal regulations; in the perspective of some problems in the application of law.

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