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mora credendi

English translation: mora credendi (delay to, or prevention of, performance engendered by the creditor)

GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Italian term or phrase:mora credendi
English translation:mora credendi (delay to, or prevention of, performance engendered by the creditor)
Entered by: James Stuart

19:28 Sep 3, 2016
Italian to English translations [PRO]
Law/Patents - Law: Contract(s) / Property, leases etc.
Italian term or phrase: mora credendi
From a sentenza in a civil law case.

(Paraphrasing) The lessee has the obligation to return an apartment to the lessor in accordance with the principles of art. 1591 of the Italian Civil Code, and;

... l’accertamento di tale adempimento [of returning the property] risulta regolato, in considerazione del suo oggetto, o dalla prova dell’effettiva riconsegna del bene [...], o [...] dei requisiti richiesti dalla legge per la mora credendi ex artt. 1216, 1209 co. 2, cod. civ.;

So ... I think the mora credendi is talking about the hypothetical refusal of the "creditor", i.e. the owner of the property, to accept the return of the property (although how this would work in practice I do not know), rather than refusing or preventing payment of the rent or other costs. Does that make sense? Assuming I am right, can I use a term for "mora credendi" that applies in all cases, or do I have to specifically refer to the act of returning the property?

Any insights welcome.
James Stuart
United Kingdom
Local time: 14:14
(Scots) mora credendi; (Austro) mora accipiendi; (E&W) obligee's refusal to accept tender of return
Explanation:
Perhaps leave the Latin with (refusal to accept return) in parentheses namely brackets,

I have a fair hunch that this term, coincidentally from the asker's background, would be known in Roman civil Scots or Scottish law, but not South of the Border where I, having clocked up commercial & conveyancing law exams, cannot recall seeing the term in any standard textbook (Lowe on Commercial Law; Gibson's Conveyancing, Law Soc iety Practical Landlor & Tenant Notes).

Howbeit, I do remember from the UK Sale of Goods Acts and contract the seller's refusal to accept tender of *performance* - which arguably the return of the premises would boil down to, (preferably bake a Scotch egg).
Selected response from:

Adrian MM. (X)
Local time: 15:14
Grading comment
I opted for a solution very close to your suggestion: mora credendi with an explanation in brackets.
4 KudoZ points were awarded for this answer



Summary of answers provided
4 +1acceptance delay of the creditor / mora of the creditor
Ellen Kraus
3(Scots) mora credendi; (Austro) mora accipiendi; (E&W) obligee's refusal to accept tender of return
Adrian MM. (X)


Discussion entries: 4





  

Answers


35 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
(Scots) mora credendi; (Austro) mora accipiendi; (E&W) obligee's refusal to accept tender of return


Explanation:
Perhaps leave the Latin with (refusal to accept return) in parentheses namely brackets,

I have a fair hunch that this term, coincidentally from the asker's background, would be known in Roman civil Scots or Scottish law, but not South of the Border where I, having clocked up commercial & conveyancing law exams, cannot recall seeing the term in any standard textbook (Lowe on Commercial Law; Gibson's Conveyancing, Law Soc iety Practical Landlor & Tenant Notes).

Howbeit, I do remember from the UK Sale of Goods Acts and contract the seller's refusal to accept tender of *performance* - which arguably the return of the premises would boil down to, (preferably bake a Scotch egg).

Example sentence(s):
  • il creditore immotivatamente non si renda disponibile, rifiutando di ricevere il pagamento ovvero non adoperandosi altrimenti per predisporre le condizioni che consentano al debitore di adempiere.
  • US: Petitioner refused to accept it." This defense is also called "tender and refusal."

    Reference: http://www.e-glossa.it/wiki/mora_credendi_%C2%A3_nozione.asp...
Adrian MM. (X)
Local time: 15:14
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 276
Grading comment
I opted for a solution very close to your suggestion: mora credendi with an explanation in brackets.
Login to enter a peer comment (or grade)

51 mins   confidence: Answerer confidence 4/5Answerer confidence 4/5 peer agreement (net): +1
acceptance delay of the creditor / mora of the creditor


Explanation:
il creditore è in mora quando senza alcun motivo legittimo si rifiuta di ricevere il pagamento offerto dal debitore nei modi indicati dalla legge oppure non compie...

Ellen Kraus
Austria
Local time: 15:14
Native speaker of: Native in GermanGerman
PRO pts in category: 8

Peer comments on this answer (and responses from the answerer)
agree  Giovanni Pizzati (X)
13 hrs
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