[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
