Delay mora 1 ordinary delay failure to perform an

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Unformatted text preview: ct or omission of the creditor is the proximate cause of the event which led to the damage or injury complained of, he cannot recover. DELAY (MORA) 1. Ordinary Delay – failure to perform an obligation on time 2. Legal Delay/ Default – failure to perform an obligation on time which failure constitutes a Page 107 of 297 Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 c. Obligations to deliver a determinate thing, liable for fortuitous events. If debtor can prove that loss would have resulted even if he had not been in default, the court may equitably mitigate the damages (Art. 2215[4]) d. Resolution (Art 1170, in proper cases) breach of the obligation. (De Leon, 2003 ed., p. 42) 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 demand (not merely a reminder or notice), judicial or extra-judicial, made by the creditor upon the debtor to fulfill, perform or comply with his obligation otherwise, he will be in default; and 4. Failure of the debtor to comply with such demand. KINDS OF DELAY 1. Mora Solvendi– default on the part of the debtor: • Mora Solvendi Ex re – default in real obligations • Mora Solvendi Ex persona – default in personal obligations • REQUISITES: a. The obligation must be due, enforceable and already liquidated or determinate in amount; b. There must be non-performance; and c. There must be a demand, unless demand is not required. • GENERAL RULE: Those obliged to deliver or to do something incur in delay from the time the obligee judicially or extrajudicially demands from them the fulfillment of their obligation. • EXCEPTIONS (no demand necessary) a. When the obligation or the law expressly so declare; or b. When from the nature and the circumstances of the obligation it appears that the designation of the time when the thing is to be delivered or the service is to be rendered was a controlling motive for the establishment of the contract; or c...
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This document was uploaded on 02/18/2014 for the course ACC 2001 at Alabama Christian Academy.

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