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El dia interpela por el hombre (dies interpellat pro homme)

English translation: dies interpellat pro homine (day demands in place of the creditor)

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Spanish term or phrase:El dia interpela por el hombre (dies interpellat pro homme)
English translation:dies interpellat pro homine (day demands in place of the creditor)
Entered by: Adam Burman
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13:20 Mar 9, 2007
Spanish to English translations [PRO]
Law/Patents - Law: Contract(s) / Incumplimiento de las obligaciones
Spanish term or phrase: El dia interpela por el hombre (dies interpellat pro homme)
Roman priniciple/dictum

Hemos seguido el principio romano, conforme al cial el dia interpela por el hombre (dies interpellat pro homme).
Adam Burman
United Kingdom
Local time: 03:41
see explanation
Explanation:
Un pequeño error: es "homine", y no "homme".
http://www.cisg.law.pace.edu/cisg/biblio/tallon.html
Article 59 may be another source of contention in providing that payment is due without any request or compliance with any formality on the part of the seller. This solution, as we have seen, was already in ULIS in a slightly different form. And it is embodied in the old Latin tag: "Dies interpellat pro homine," which is adopted in some legal systems. But others are more lenient to the debtor. The required formal notice of default gives him a last chance to perform, before the creditor may use his remedies. This system of "mise en demeure" may be required in every case (French Civil Code 1139)[24] or only when no firm date for performance has been agreed upon (BGB § 284; Swiss Code of Obligations, article 102;' Italian Civil Code, article 1219; cf. the draft Civil Code of the Netherlands, article 6.1.8.6 § 2).
http://www.cisg.law.pace.edu/cisg/biblio/grebler.html
iii. Additional Time for Performance

The extension of time for fulfillment of contract obligations, an equivalent to the German-law institution of Nachfrist,[26] was one of the innovative solutions of the Convention, with a twofold purpose. First, it avoids the abrupt termination of the contract due to a default by either party to comply with the time initially agreed for performing the obligations,[27] and second, it demonstrates the contract breach, where a doubt might exist as to whether delay should be deemed a fundamental breach in a particular contract.[28]

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.
Selected response from:

Fabio Descalzi
Uruguay
Local time: 23:41
Grading comment
Thanks for your explanation and references Fabio.
4 KudoZ points were awarded for this answer

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Summary of answers provided
3see explanation
Fabio Descalzi


Discussion entries: 3





  

Answers


7 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
see explanation


Explanation:
Un pequeño error: es "homine", y no "homme".
http://www.cisg.law.pace.edu/cisg/biblio/tallon.html
Article 59 may be another source of contention in providing that payment is due without any request or compliance with any formality on the part of the seller. This solution, as we have seen, was already in ULIS in a slightly different form. And it is embodied in the old Latin tag: "Dies interpellat pro homine," which is adopted in some legal systems. But others are more lenient to the debtor. The required formal notice of default gives him a last chance to perform, before the creditor may use his remedies. This system of "mise en demeure" may be required in every case (French Civil Code 1139)[24] or only when no firm date for performance has been agreed upon (BGB § 284; Swiss Code of Obligations, article 102;' Italian Civil Code, article 1219; cf. the draft Civil Code of the Netherlands, article 6.1.8.6 § 2).
http://www.cisg.law.pace.edu/cisg/biblio/grebler.html
iii. Additional Time for Performance

The extension of time for fulfillment of contract obligations, an equivalent to the German-law institution of Nachfrist,[26] was one of the innovative solutions of the Convention, with a twofold purpose. First, it avoids the abrupt termination of the contract due to a default by either party to comply with the time initially agreed for performing the obligations,[27] and second, it demonstrates the contract breach, where a doubt might exist as to whether delay should be deemed a fundamental breach in a particular contract.[28]

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.

Fabio Descalzi
Uruguay
Local time: 23:41
Works in field
Native speaker of: Native in SpanishSpanish
PRO pts in category: 19
Grading comment
Thanks for your explanation and references Fabio.
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Changes made by editors
Mar 9, 2007 - Changes made by Fabio Descalzi:
Field (specific)Finance (general) » Law: Contract(s)


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