Mora: Default in Roman Law

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Questions and Answers

Which of the following scenarios best exemplifies mora debitoris?

  • A debtor fails to pay a debt by the agreed-upon due date due to a sudden cash flow problem. (correct)
  • A debtor offers to pay a debt with a check, but the creditor insists on cash, causing a delay in the payment.
  • A creditor delays providing necessary access to a construction site, hindering the contractor's ability to complete the project on time.
  • A creditor refuses to accept a delivery of goods that do not meet the agreed-upon specifications.

What is the key distinction between mora debitoris and mora creditoris?

  • _Mora debitoris_ relates to obligations while _mora creditoris_ relates to rights.
  • _Mora debitoris_ involves a delay in offering performance, while _mora creditoris_ involves a delay in accepting performance. (correct)
  • _Mora debitoris_ applies only to monetary debts, while _mora creditoris_ applies to all types of obligations.
  • _Mora debitoris_ requires a formal demand (_interpellatio_), while _mora creditoris_ does not.

In which of the following situations would a demand (interpellatio) likely NOT be required for mora debitoris to arise?

  • When a specific date for performance was agreed upon by the parties. (correct)
  • When the debtor has expressed intention not to complete obligations.
  • When the exact amount of the debt is uncertain and requires calculation.
  • When the obligation arises from a tacit agreement with no fixed date.

Which of the following is a potential consequence of mora creditoris for the debtor?

<p>The risk of accidental loss or damage to the subject matter of the obligation transfers to the creditor. (D)</p> Signup and view all the answers

What does 'culpability' mean in the context of mora debitoris?

<p>The debtor's delay in performance must be due to their own fault or negligence. (C)</p> Signup and view all the answers

A construction company is contracted to build a house, but the homeowner delays the project by failing to secure the necessary building permits on time. This scenario is an example of:

<p><em>Mora creditoris</em> on the part of the homeowner. (B)</p> Signup and view all the answers

Under which circumstance might a debtor's obligation become perpetual due to mora debitoris?

<p>When the debtor's delay constitutes a material breach of contract, and performance becomes increasingly difficult or costly. (A)</p> Signup and view all the answers

Which of the following is an example of an excusable delay that may prevent the establishment of mora debitoris?

<p>A natural disaster prevents the debtor from delivering goods on time. (A)</p> Signup and view all the answers

How does 'Set-Off' lead to the termination of mora?

<p>By the debtor deducting a reciprocal debt they are owed by the creditor, effectively canceling out the original obligation. (A)</p> Signup and view all the answers

Which of the following reflects a scenario where a creditor fails to provide necessary cooperation to enable the debtor to perform, leading to mora creditoris?

<p>A lender refuses to provide loan documents to a borrower, delaying the loan disbursement. (B)</p> Signup and view all the answers

Which statement correctly summarizes the role of 'agreement' in the context of terminating mora?

<p>The involved parties mutually decide to end the state of mora, potentially waiving certain rights or obligations. (D)</p> Signup and view all the answers

How do common law systems typically address situations analogous to 'mora' in civil law?

<p>They use concepts such as 'breach of contract' and 'failure to mitigate damages'. (A)</p> Signup and view all the answers

A debtor attempts to deliver goods, but the creditor demands delivery at an unreasonable location, causing a delay. How would this affect the debtor's potential liability for mora debitoris?

<p>The debtor would likely not be in <em>mora debitoris</em>, as the creditor's unreasonable demand contributed to the delay. (A)</p> Signup and view all the answers

Which of the following correctly describes the effect of 'prescription' on mora?

<p>Prescription occurs when the creditor's right to claim becomes unenforceable due to the passage of time. (A)</p> Signup and view all the answers

A supplier cannot deliver goods due to new government regulations that prohibit their export. This situation is best described as:

<p>A valid reason for excusable delay, potentially preventing <em>mora debitoris</em>. (B)</p> Signup and view all the answers

A data hosting company experiences a server outage that makes customer data inaccessible. As a result, a customer is unable to meet a crucial deadline, resulting in financial loss. Is the hosting company liable for damages due to mora debitoris?

<p>No, if the service outage was due to an unforeseeable event or a force majeure clause. (C)</p> Signup and view all the answers

Which of the following scenarios illustrates a permissible waiver of rights that could lead to the termination of mora?

<p>A consumer, after continued late delivery of online purchases, accepts a partial refund instead of cancelling the entire order. (D)</p> Signup and view all the answers

Which situation exemplifies a delay attributable to the creditor's (mora creditoris) omission?

<p>The creditor is unavailable to provide necessary instructions, because they are on vacation. (B)</p> Signup and view all the answers

What might be the legal consequences for a debtor if they are found to be in perpetual obligation due to mora debitoris?

<p>The debtor continues to be responsible for performing, regardless of the degree of difficulty or expense involved. (A)</p> Signup and view all the answers

Flashcards

What is "Mora"?

Legal term derived from Roman law referring to a culpable delay in fulfilling a legal obligation.

Key elements of Mora

There must be a due and enforceable debt/obligation, possible performance, debtor delay, and culpability.

What is Mora Debitoris?

The default of the debtor, who fails to perform the obligation on time due to their fault.

What is Mora Creditoris?

The default of the creditor, who unjustifiably delays or obstructs the debtor's performance.

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Requirements for Mora Debitoris

Debt is valid and enforceable, the time for performance has arrived, debtor fails to perform on time, delay is unjustified and attributable to the debtor's fault or negligence.

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Requirements for Mora Creditoris

Debtor ready/willing to perform, proper offer made, creditor delays/refuses without valid reason, failure to cooperate.

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Consequences of Mora Debitoris

Debtor liable for damages, obligation may become perpetual, the risk of loss transfers to the debtor, and the creditor may rescind the contract.

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Consequences of Mora Creditoris

Debtor's obligation may be suspended/terminated, liability may be reduced, risk of loss transfers to creditor, creditor may be liable for storage costs.

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What is Excusable Delay?

Delay caused by unforeseeable events, objective impossibility, or creditor's own actions.

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Termination of Mora

Debtor performs, creditor waives rights, parties agree, claim is prescribed, or debt is set-off.

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Study Notes

  • "Mora" is a legal term from Roman law, indicating default or delay in fulfilling legal obligations.
  • This delay must be culpable, attributed to the party failing to perform.
  • The concept applies to obligations like payment or delivery of goods, extending to broader contractual or legal duties.

Key Elements of Mora

  • A due and enforceable debt or obligation must exist.
  • Performance of the obligation must be possible.
  • The debtor must delay performance of the obligation.
  • The delay must be culpable, due to the debtor's fault.

Types of Mora

Mora Debitoris

  • This refers to the default of the debtor, the party owing performance.
  • The debtor fails to perform by the agreed time or a reasonable time if unspecified.
  • The delay must be the debtor's fault, either intentional or negligent.

Mora Creditoris

  • This is the default of the creditor, the party to whom performance is owed.
  • It occurs when the creditor unjustifiably delays or obstructs the debtor's performance.
  • A creditor refusing a valid tender of performance is in mora creditoris.

Requirements for Mora Debitoris

Debt Must Be Due and Enforceable

  • The obligation must be valid and legally enforceable.
  • The time for performance must have arrived, either by agreement or law.

Delay in Performance

  • The debtor must fail to perform the obligation on time.
  • The delay must be unjustified.

Culpability

  • The delay must be attributable to the debtor's fault or negligence.
  • The debtor must have the capacity to avoid the delay.

Demand (Interpellatio)

  • In many legal systems, the creditor must formally demand performance before the debtor is in mora.
  • This demand can be a formal notice, like a letter of demand.
  • Exceptions exist where a demand is unnecessary, such as when a specific date for performance was agreed upon.

Requirements for Mora Creditoris

Debtor's Obligation Must Be Due

  • The debtor must be ready and willing to perform the obligation.
  • The debtor must make a proper offer of performance to the creditor.

Creditor's Delay

  • The creditor must delay or refuse to accept the debtor's performance without a valid reason.
  • The creditor's delay must be unjustified.

Cooperation

  • The creditor must fail to provide necessary cooperation to enable the debtor to perform.

Consequences of Mora Debitoris

Damages

  • The debtor is liable for damages suffered by the creditor due to the delay.
  • Damages may include financial losses, expenses, or other harm.

Perpetual Obligation

  • The debtor's obligation may become perpetual in some cases, remaining liable even if performance becomes more difficult or costly.

Transfer of Risk

  • The risk of accidental loss or damage to the subject matter may pass from the creditor to the debtor.

Right to Rescind

  • The creditor may cancel the contract if the debtor's delay constitutes a material breach.

Consequences of Mora Creditoris

Termination of Debtor's Obligation

  • The debtor's obligation to perform may be suspended or terminated while the creditor is in mora.

Reduction of Liability

  • The debtor's liability may be reduced, especially if the creditor's delay makes performance more difficult or costly.

Transfer of Risk

  • The risk of accidental loss or damage to the subject matter passes to the creditor.

Storage Costs

  • The creditor may be liable for the costs of storing goods or property that the debtor was ready to deliver.

Excusable Delay

Unforeseeable Events

  • Delay is caused by circumstances beyond the debtor's control, like natural disasters or government regulations.

Impossibility

  • Performance becomes objectively impossible due to unforeseen events.

Creditor's Actions

  • The delay is attributable to the creditor's actions or omissions.

Termination of Mora

Performance

  • The debtor performs the obligation, ending the mora.

Waiver

  • The creditor waives their right to claim damages or enforce the obligation.

Agreement

  • The parties agree to terminate the mora.

Prescription

  • The creditor's claim becomes prescribed due to the passage of time.

Set-Off

  • The debtor sets off a reciprocal debt against the obligation.
  • Mora is widely recognized in civil law jurisdictions.
  • Common law systems have analogous concepts, such as breach of contract and failure to mitigate damages.
  • Specific rules and requirements for mora may vary by jurisdiction.

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