Obligations+and+Contracts.printable

Debtor needed toguiltypicture breach of the is see

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Unformatted text preview: . When demand would be useless, as when the obligor has rendered it beyond his power to perform • EFFECTS: QuickTime™ and a TIFF (Uncompressed) decompressor are a. Debtor needed toguiltypicture. breach of the is see this of obligation b. Liability: If obligation to pay money- must pay interest. If no extra-judicial demand, interest runs from the filing of the complaint. In other obligations, pay damages. 2. Mora Accipiendi – default on part of creditor when he unjustifiably refuses to accept the performance of the obligation. • REQUISITES: a. Offer of performance by the debtor b. Offer must be to comply with the prestation as it should be performed c. Creditor refuses the performance without just cause • EFFECTS: a. Responsibility of debtor is limited to fraud and gross negligence b. Debtor is exempted from risk of loss of thing; creditor bears risk of loss c. Expenses by debtor for preservation of thing after delay is chargeable to creditor d. If obligation bears interest, debtor does not have to pay from time of delay e. Creditor liable for damages f. Debtor may relieve himself of obligation by consigning the thing 3. Compensatio morae – both parties are in default (in reciprocal obligations); there is no actionable default on the part of both parties • • Rule in Reciprocal Obligations: In reciprocal obligations, neither party incurs in delay if the other does not comply or is not ready to comply in a proper manner with what is incumbent upon him. From the moment one of the parties fulfills his obligation, delay by the other begins. Performance must be simultaneous unless different dates for the performance of the obligation were fixed by the parties CESSATION OF THE EFFECTS OF MORA: • renunciation (express or implied) • prescription • NOTE: There is no delay in negative obligations and natural obligations. FORTUITOUS EVENT – An event which could not be foreseen, or which though foreseen, was inevitable Page 108 of 297 Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 200...
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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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