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Dies a quo

The dies a quo, like the suspensive condition, enjoyed a wider recognition. Only the actus legitimi did not admit of time clauses any more readily than of conditions.[3800] The transfer of ownership, however, could be suspended for a certain period, and so could a contractual obligation, no matter whether bonae fidei or stricti iuris in character.

Yet, with regard to contractual obligations, one significant difference existed between suspensive time clauses and conditions: a condition suspended the operation of the obligation,[3801] a dies a quo merely postponed the due date.[3802] In the latter case the obligation already existed from the moment of conclusion of the contract and, as a result, for instance, a debtor who mistakenly rendered performance before the dies had arrived could not claim restitution: "In diem debitor adeo debitor est, ut ante diem solutum repetere non possit.1,179 Also, of course, a sale subject to a time clause was perfecta.

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Source: Zimmermann R.. The Law of Obligations. Roman Foundations of the Civilian Tradition. Juta & Co, Ltd,1992. — 1241 p.. 1992

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  3. DIES
  4. Condicio and Dies
  5. CHAPTER XXI. MANUMISSION DURING THE EMPIRE (cont.). MANUMISSION
  6. Instances of "weak** enrichment liability in Rome
  7. DE CONDICTIONE EX LEGE.
  8. Navis ex Asia
  9. ACCOUNTING AND BOOK-KEEPING
  10. Introduction
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  12. Maiestas, morality and humanitas
  13. Intestate succession
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