A brief review of sources on emendatio morae in the Digest of Justinian
Purgatio or emendatio morae would in the literal translation into English mean purging the default. In Roman classical law, it amounted to the possibility of the debtor in default, firstly, to fulfil the primary obligation and, secondly, to remediate potential legal effects of the consequences of mo...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
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University of Novi Sad, Faculty of Law
2023-01-01
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| Series: | Zbornik Radova: Pravni Fakultet u Novom Sadu |
| Subjects: | |
| Online Access: | https://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2023/0550-21792304073K.pdf |
| Summary: | Purgatio or emendatio morae would in the literal translation into English mean purging the default. In Roman classical law, it amounted to the possibility of the debtor in default, firstly, to fulfil the primary obligation and, secondly, to remediate potential legal effects of the consequences of mora debitoris. There were other ways of purging the default as well. As a consequence of emendatio morae, debtor's obligations, both primary and secondary ones, would cease to exist and the consequences of mora debitoris would cease to produce legal effects. Therefore, purgatio morae consisted of two elements: debtor's offer to completely fulfil the prestation owed as well as his offer to remediate the legal effects of the consequences of the default. |
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| ISSN: | 0550-2179 2406-1255 |