[en] Abstract: Regarding the understanding of the mora debitoris system, it can be said, without a doubt, that the first attempt at understanding and compiling the subject as a whole has been attempted by the glossators. While in the CIC, the fragments treating of the mora are scattered throughout various sections and titles, the glossators, when studying the text of the CIC, attempted to understand what could be a general mora system. They indeed analyzed and commented every fragment and they tried to reconcile the various texts' sayings.
However useful, the understanding of the mora by the glossators came with one important caveat : in their comments, they used their capacity of deduction to try to understand the various concepts and mechanisms. And they ended up creating a mora debitoris system that can be considered as being « proper » to their own era.
Therefore, this study of the Corpus Iuris Civilis, lead to a deep evolution of the understanding of mora, which we have partly inherited in our European civil codes
Disciplines :
Metalaw, Roman law, history of law & comparative law
Author, co-author :
Cavalleri, Vanessa ; Université de Liège > Département de droit > Droit romain et droit privé comparé
Language :
English
Title :
The evolution of Mora Debitoris in the Glossa Ordinaria
This website uses cookies to improve user experience. Read more
Save & Close
Accept all
Decline all
Show detailsHide details
Cookie declaration
About cookies
Strictly necessary
Performance
Strictly necessary cookies allow core website functionality such as user login and account management. The website cannot be used properly without strictly necessary cookies.
This cookie is used by Cookie-Script.com service to remember visitor cookie consent preferences. It is necessary for Cookie-Script.com cookie banner to work properly.
Performance cookies are used to see how visitors use the website, eg. analytics cookies. Those cookies cannot be used to directly identify a certain visitor.
Used to store the attribution information, the referrer initially used to visit the website
Cookies are small text files that are placed on your computer by websites that you visit. Websites use cookies to help users navigate efficiently and perform certain functions. Cookies that are required for the website to operate properly are allowed to be set without your permission. All other cookies need to be approved before they can be set in the browser.
You can change your consent to cookie usage at any time on our Privacy Policy page.