Obligations-and-Contacts-Santiago.pdf Legal Guardian
Obligations-and-Contacts-Santiago.pdf Legal Guardian
1. Obligation must be due, demandable and liquidated; 2. Debtor fails to perform his positive obligation on the date agreed upon; 3. A judicial or extra-‐judicial demand made by the creditor upon the debtor to fulfill, perform or comply with his obligation; and. 4. Failure of the debtor to comply with such demand. Mora accipiendi – the default on the part of the creditor/obligee; Compensatio morae – the default on the part of both the debtor/obligor and creditor/obligee which arises in reciprocal obligations the effect is the default of one party neutralizes the default of the other.
What are the requisites of delay? 1. Obligation must be due, demandable and liquidated; 2. Debtor fails to perform his positive obligation on the date agreed upon; 3. A judicial or extra-‐judicial demand made by the creditor upon the debtor to fulfill, perform or comply with his obligation; and. 4. Failure of the debtor to comply with such demand.
1. Offer of performance by the debtor, and 2. Refusal of the creditor to accept without just cause.
Obligations-and-Contacts-Santiago.pdf Legal Guardian
Senast uppdaterad: 2020-12-13 Användningsfrekvens: The requisites for the recovery of interest are the following, except: a) The agreement to pay the interest must be. in writing. b) The agreement as to the payment of. interest must be recorded with the Registry of Deeds.
Obligations-and-Contacts-Santiago.pdf Legal Guardian
or the delay on the part of the creditor to accept the performance of the Mora solvendi ; Mora accipiendi; Compensatio morae *There is no delay in obligation not to do, non-fulfillment may take place but delay is impossible. 9.2.12.2. EFFECTS OF DELAY MORA SOLVENDI. The debtor is guilty of breach or violation of obligation; He is liable to the creditor for interest or damages. Mora Accipiendi is on Facebook.
This point is typically illustrated in pecuniary obligations, where delay can be incurred not only by the debtor in his failure to pay when the time for payment comes (mora solvendi) but also by the creditor in his failure to receive the payment from the debtor when the debt matures and the latter tenders to him the money due (mora accipiendi).1
The creditor requires performance judicially or extra-judicially 3 Kinds: 1. Mora solvendi -delay of the debtor to perform his obligation.
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interest must be recorded with the Registry of Deeds. c) The interest must be lawful. d) The payment of interest must be expressly.
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Obligations-and-Contacts-Santiago.pdf Legal Guardian
. •..» Skyldighet att hålla godset Mora accipiendi o del acreedor Requiere, además de la realización por el deudor de todo lo que conduce a la ejecución de la prestación, de una obligación vencida para cuyo cumplimiento haga falta el concurso del acreedor, y, finalmente, la falta de cooperación , sin justificación alguna, por parte del acreedor al cumplimiento de la obligación, determinando con ello su incumplimiento. 2. Default, delay or mora – no default unless creditors makes a demand; Exceptions (Art.
Obligations-and-Contacts-Santiago.pdf Legal Guardian
Mora accipiendi – the default on the part of the creditor/obligee; Compensatio morae – the default on the part of both the debtor/obligor and creditor/obligee which arises in reciprocal obligations the effect is the default of one party neutralizes the default of the other. Mora solvendi – delay of debtor; Mora accipiendi – delay of creditor; Compensatio Morae – delay of both creditor and debtor (no delay) 5.
Mora solvendi. b. Mora accipiendi. c. Compesatio morae.