Breaches of Obligations: Complete Failure to Perform and Default
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Questions and Answers

What is the term used for the delay of the creditor in accepting delivery of the thing which is the object of the obligation?

  • Mora Solvendi
  • Ex re
  • Compensatio Morae
  • Mora Accipiendi (correct)
  • In delays by the parties or obligors in reciprocal obligations, what kind of default does it refer to?

  • Mora Accipiendi
  • Ex re
  • Compensatio Morae (correct)
  • Mora Solvendi
  • What does the debtor need to do to be considered in default (delay) according to the text?

  • Make a judicial demand
  • Perform his positive obligation on the date agreed upon
  • Comply with the demand made by the creditor (correct)
  • Receive a reminder from the creditor
  • When does default (delay) occur for Gaya in delivering the horse to Tito according to the text?

    <p>From the date of demand made by Tito</p> Signup and view all the answers

    What happens if there is no demand made by the creditor according to the text?

    <p>The obligation is not yet due or demandable</p> Signup and view all the answers

    What must Pedro do to be considered in default (delay) on delivering his car to Juan according to the text?

    <p>Fail to deliver and not comply after a judicial demand by Juan</p> Signup and view all the answers

    When does a person who is obliged to deliver or do something incur in delay?

    <p>Only when a demand is made by the creditor, judicially or extrajudicially</p> Signup and view all the answers

    In what situation would default automatically occur without any demand as per the text?

    <p>When a debtor promises to pay a sum without specific demand</p> Signup and view all the answers

    What condition must be present for a debtor to be in delay even without any demand from the creditor?

    <p>The parties agreed that default will occur if performance is not made on the due date</p> Signup and view all the answers

    In which scenario would a debtor automatically be considered in default according to the text?

    <p>When time is considered crucial for performance and set forth in the contract</p> Signup and view all the answers

    Under what circumstance would a debtor be considered in delay without any demand from the creditor as per the text?

    <p>If an agreement specifies that performance after due date results in default</p> Signup and view all the answers

    In what instance would delay not require any demand by the creditor as explained in the text?

    <p>When performance after due date would no longer benefit the creditor</p> Signup and view all the answers

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