Time and place of performance
The time at which performance could be demanded by the creditor (i.e. the due date) had to be determined in accordance with the special circumstances of the case, particularly with the nature of the transaction.
If somebody promised in Rome to hand over a slave in Carthage, such a debt could hardly be taken to fall due before the promisor had been able to make his way across the sea to northern Africa.[3837] [3838] Failing any such indications to the contrary, the creditor could demand performance at once.2ft If, on the other hand, a specific due date had been set by the parties, the creditor could—of course—not claim performance before the time stated. But was the debtor free to discharge his obligation even before the due date? Several texts in our sources indicate that he was;[3839] according to the BGB, this is to be presumed in case of doubt.[3840]The place of performance, too (if it had not been fixed by the parties ), was to be deduced from the circumstances of the case. Thus, for instance, a freedman had to render his services at the place where his patron resided.[3841] If no such inference could be drawn, fungibles had to be delivered at the place where the creditor could sue for them,[3842] and that was usually the domicile of the debtor.[3843] Specific things, on the other hand, had to be delivered where they were at the time of conclusion of the contract.[3844] Generally speaking, one can thus say that it was incumbent on the creditor to go and collect the performance due to him ("Holschuld" or "haalskuld" in modern parlance), not on the debtor to effect his performance at the creditor's place (" Bringschuld " or "bringskuld").[3845]
4.
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