Mora creditoris im römischen Recht
In: Tijdschrift voor Rechtsgeschiedenis / Revue d'histoire du droit / The Legal History ReviewSearch for other papers by Pia Reetz in
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The German civil code (BGB) establishes that the creditor defaults when he delays his acceptance, regardless of the question of fault. Since the creditor is still obliged to pay the debtor, the creditor only harms himself by not accepting performance. On the other hand, it is stated in the special section of the BGB that the emptor is not entitled to reject performance. With regard to the question as to whether such an obligation was known in classical Roman law, the source material remains ambiguous. But the relevant fragments can be systematized to the extent that they aim to balance the conflicting interests of creditor and debtor. In comparing the solution according to classical Roman law with the legal position of the BGB, the interplay between the provision on creditor’s delay and the emptor’s duty to accept performance result in a legal solution which is quite similar to the balance of interests found in classical Roman law even though it is based on a different legal ideology.
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5
Vgl. B. Windscheid, Lehrbuch des Pandektenrechts, 7. Aufl., Stuttgart 1891, S. 279.
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63
Vgl. M. Kaser, Das Römische Privatrecht, 1. Abschnitt, München 1971, S. 551, Fn. 59; Honsell, Quod interest (supra, n. 62), S. 171.
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Mora creditoris im römischen Recht
In: Tijdschrift voor Rechtsgeschiedenis / Revue d'histoire du droit / The Legal History ReviewSearch for other papers by Pia Reetz in
Current site
Google Scholar
PubMed
The German civil code (BGB) establishes that the creditor defaults when he delays his acceptance, regardless of the question of fault. Since the creditor is still obliged to pay the debtor, the creditor only harms himself by not accepting performance. On the other hand, it is stated in the special section of the BGB that the emptor is not entitled to reject performance. With regard to the question as to whether such an obligation was known in classical Roman law, the source material remains ambiguous. But the relevant fragments can be systematized to the extent that they aim to balance the conflicting interests of creditor and debtor. In comparing the solution according to classical Roman law with the legal position of the BGB, the interplay between the provision on creditor’s delay and the emptor’s duty to accept performance result in a legal solution which is quite similar to the balance of interests found in classical Roman law even though it is based on a different legal ideology.
| All Time | Past Year | Past 30 Days | |
|---|---|---|---|
| Abstract Views | 380 | 36 | 2 |
| Full Text Views | 256 | 3 | 0 |
| PDF Views & Downloads | 59 | 6 | 0 |