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12:01 Mar 11, 2007 |
Latin to English translations [PRO] Law/Patents - Law: Contract(s) / Non-compliance of obligations | |||||||
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| Selected response from: Elena Petelos United Kingdom Local time: 03:37 | ||||||
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4 +2 | the day demands instead of the creaditor |
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Discussion entries: 2 | |
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dies interpela pro homine (interpellat) the day demands instead of the creaditor Explanation: There are various references: (1) Firstly, when the date for the performance of an obligation is fixed, the maxim dies interpellat pro homine (the day interposes demand instead of a human being) applies and prescription will begin to run, even without formal demand, from the date fixed for performance (Ismail v Ismail17 and Nomis Perera v Masinghe18). This principle is embodied in the following passage of Voet's Pandects (22.1.26) (Gane's Translation): http://webtest.cisworld.net/lawnet/docs/case_law/slr/HTML/19... (2) "Default in fact is that which arises without a demand, and thus is brought on by law without any act of a human being. Or it occurs when the very fact includes default in itself ...... Although no default is understood to take place where no claim is made, still you should know that demand is not made by a human being only, but that the law also and even a day makes demand instead of a human being, provided that a definite day has been attached to the obligation." http://webtest.cisworld.net/lawnet/docs/case_law/slr/HTML/19... (3) No such doctrine exists in the Brazilian New Civil Code, in which the rule on the time for compliance is embodied in the old Roman dictum dies interpellat pro homine, i.e., where the contract states a given time for the obligation to be fulfilled, the mere lapse of such time is enough to characterize the breach. However, where the contract does not fix the time for the performance of the obligation, a notification to the party in delay is required to set the debtor officially in delay. Therefore, the solution provided by the Convention for the case of delay is not entirely unknown, although it goes beyond Brazilian law requirements and practices. and... Adam Burman: Hi Lydia - This is the translated section from where this appears: Since the 1870 legislation, we have followed the Roman principle, dies interpela pro homine. That is, fixed-term obligations become enforceable at the end of the term, without the creditor having to approach the debtor, summoning him, either judicially or extrajudicially, to appear before a notary or witnesses in order for payment to be made. http://www.proz.com/kudoz/1811546 The best one, however, is: the day demands instead of the creditor http://olldownload.libertyfund.org/EBooks/Gaius_0533.pdf -------------------------------------------------- Note added at 19 mins (2007-03-11 12:20:03 GMT) -------------------------------------------------- page 270 (The book in the last link is in .pdf format and ~550 p.) |
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