Legal Definitions - mora

Mora is a legal term, originating from Roman law, that refers to a willful or culpable delay in fulfilling a legal obligation. It's not just any delay, but one where the person responsible for the obligation intentionally or negligently fails to perform on time, or fails to accept performance when it is properly offered.

This concept applies to both parties in an agreement:

• Mora debitoris: When a debtor (the person owing a duty or payment) willfully delays their performance.
• Mora creditoris: When a creditor (the person to whom a duty or payment is owed) willfully delays accepting the performance that is properly tendered to them.

The key element is the blameworthy nature of the delay. A delay caused by genuine mistake, unforeseen circumstances, or a good-faith belief that no obligation existed would typically not constitute mora.

Here are some examples illustrating the concept of mora:

• Example 1 (Mora Debitoris - Service Contract): A freelance web designer agrees to complete a client's website by a specific deadline. Despite having all the necessary information and resources, the designer deliberately prioritizes another project that pays more, causing them to miss the agreed-upon completion date for the first client's website. The client suffers financial losses due to the delayed launch.

  Explanation: The web designer is in mora debitoris because they willfully delayed fulfilling their contractual obligation to complete the website on time, leading to potential liability for the client's damages.

• Example 2 (Mora Creditoris - Goods Delivery): A furniture manufacturer completes a custom order for a customer and schedules delivery for a mutually agreed date. On the delivery day, and for several subsequent attempts, the customer, without a valid reason, repeatedly refuses to accept the furniture, claiming they are "not ready" for it. This forces the manufacturer to store the large items at their own expense and delays their final payment.

  Explanation: The customer is in mora creditoris because they are willfully delaying the acceptance of the performance (delivery of furniture) that was properly offered by the manufacturer, causing the manufacturer additional costs and preventing the completion of the transaction.

• Example 3 (Mora Debitoris - Financial Obligation): A small business owner has a loan payment due on the 1st of the month. They have sufficient funds in their account but intentionally wait until the 10th to make the payment, hoping to earn a few extra days of interest on their savings, despite knowing the payment will be late and incur penalties.

  Explanation: The business owner is in mora debitoris because they willfully delayed fulfilling their financial obligation to make the loan payment on time, demonstrating a culpable delay.