For semper in mora
The legal phrase “fur enim semper moram facere videtur” , or “fur semper in mora” for short, which comes from Roman law , means that a thief is always in default (meaning the delay in returning the stolen item). As a result, the thief is always more liable, even if he could not avoid the ruin of the thing or it could not be foreseen. He is also liable for the accidental loss of the stolen item. The legal principle found in Germany in § 848 BGB its positive legal expression and is still valid today.
In addition, there is the general principle that anyone who has brought assets into his possession through a tort or has held it in his possession through deliberate omission is always in default. In such a constellation, the reminder required in principle for the occurrence of default is dispensable; the default occurs directly through the withdrawal of an item or an amount of money. This is a special reason within the meaning of Section 286 Paragraph 2 No. 4 BGB. This is justified by the fact that the perpetrator of an unlawful act does not need a special request to return the item obtained through illegal interference. This general assessment should also not conflict with § 848 and § 849 BGB, which allow some consequences of default to occur without a reminder.
Individual evidence
- ^ LG Duisburg, judgment of April 24, 2007, 4 O 95/06.
- ^ LG Krefeld, judgment of December 8, 2006, 5 O 491/04 (ZMR 2007, 311).
- ^ BGH, judgment of December 13, 2007, IX ZR 116/06 (NJW-RR 2008, 918).
- ^ Ernst in Munich Commentary BGB, Volume 2, 6th Edition, § 286, Rn. 69.
- ↑ Grüneberg in Palandt , 74th edition, § 286, Rn. 25th
