ABSTRACT
The paper analyses the problem of creditor’s default that arise in a classical Roman legal text in Justinian’s Digest (Pomp D 19, 1, 9), which is a little-discussed source about a buyer who did not want to collect the purchased stones from a property. After a detailed systematic analysis of the case, the medieval survival of the text is examined, which is followed by the discussion of the fundamental legal problems raised by individual clauses of the source. The article ends with the generalisation of the topic, which can shed light on the paradoxical nature of creditor delay. After its citations in major works, the article has become an important contribution to some key issues of the ‘mora creditoris’ in ancient Roman Sales Law.
Benke, József, On Creditor’s Default in Sales Contracts in Ancient and Modern Laws on the Example of Pomp D 19, 1, 9 (January 1, 2014), Revue Internationale des Droits de l’Antiquité, volume 61 (2014), 111-130.
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