This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1875 Excerpt: ...is however sometimes mooted whether a demand must be made by the creditor, in order that the debtor may be in mora," and may incur the liabilities which are incident to that predicament. This I will endeavour briefly to explain. The non-performance of an obligation is in the Roman Uora Law styled mora' for the debtor ...
Read More
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1875 Excerpt: ...is however sometimes mooted whether a demand must be made by the creditor, in order that the debtor may be in mora," and may incur the liabilities which are incident to that predicament. This I will endeavour briefly to explain. The non-performance of an obligation is in the Roman Uora Law styled mora' for the debtor delays performance. But the predicament in which the debtor is placed in consequence of his non-performance, is also styled mora. Debitor qui moram fecit in mora dicitur. Being m mord, he incurs liabilities from which he were exempt if he were not in mord. For example: The debtor in the obligation arising from the deposit of a moveable for safe keeping is in mord if ho refuse? to return it on demand made by the creditor. Thenceforth he is liable for accidental damage, as well as for damag)-occasioned by his intention or negligence. If he owe money payablo on demand, and after demand decline or neglect payment, he is in mord, and is then bound to pay interest on the money which he detains, though no interest was previously payable. Speaking generally, if no time be fixed for the performance of the obligation, the debtor is not in mora, and does not incur the liabilities incident to that predicament, unless a demand of performance be made by the creditor, and uuless the debtor comply not with the demand. The rule is 'Interpellandus est debitor loco et tempore opportuno.' The authors of the rule justly considered, that intention or inadvertence is of the essence of wrong; and that the obligation could not be broken, either through intention or inadvertence, until the creditor required performance. But if a specific terminus or time be fixed for the performance, the debtor is m mora, unless he perform at that time, although no demand be made ...
Read Less
Choose your shipping method in Checkout. Costs may vary based on destination.
Seller's Description:
PLEASE NOTE, WE DO NOT SHIP TO DENMARK. New Book. Shipped from UK in 4 to 14 days. Established seller since 2000. Please note we cannot offer an expedited shipping service from the UK.
Choose your shipping method in Checkout. Costs may vary based on destination.
Seller's Description:
PLEASE NOTE, WE DO NOT SHIP TO DENMARK. New Book. Shipped from UK in 4 to 14 days. Established seller since 2000. Please note we cannot offer an expedited shipping service from the UK.
