Conditions for Delay in Payment under Contract Law

In a negative suspensive condition, when does the obligation become effective and binding?

After the time indicated has elapsed without the event taking place

If no time has been fixed for a condition of non-happening of a future event, when is the condition deemed fulfilled?

At such time as may have probably been contemplated

In a positive suspensive condition, when does the obligation become effective and binding?

After the time indicated has elapsed without the event taking place

If Jose obliges himself to give Maria P5000 if she gives birth on or before December 30, what happens if Maria gives birth after December 30?

Jose is not liable Signup and view all the answers

What would extinguish Jose's obligation in a negative suspensive condition where he promises to give Maria P5000 if she does not give birth on December 30?

Maria gives birth on December 30 Signup and view all the answers

When does a condition of non-happening of a future event render an obligation effective?

At such time as may have probably been contemplated Signup and view all the answers

In which scenario is the demand by the creditor NOT necessary for delay to exist?

When the law or obligation expressly declares so Signup and view all the answers

What is the effect of 'mora accipendi' in a contractual relationship?

Creditor bears the risk of loss of the thing Signup and view all the answers

What characterizes 'mora solvendi ex persona'?

Default in personal obligations Signup and view all the answers

Under what circumstance does 'compensatio morae' apply?

The default of one party compensates the default of the other Signup and view all the answers

What effect does 'compensatio morae' have on reciprocal obligations?

Offsets liabilities fairly between the parties Signup and view all the answers

Why is delay in fulfilling a negative obligation not possible?

Negativity negates any obligation for fulfillment Signup and view all the answers

What is the consequence when a conditional obligation is void?

The affected obligation is annulled. Signup and view all the answers

In the context of obligations and contracts, what happens when a positive suspensive condition is not met?

The obligation is extinguished as soon as the time expires without the event happening. Signup and view all the answers

What occurs when a conditional obligation is valid and the condition is negative?

The condition is ignored, and the obligation is rendered pure and valid. Signup and view all the answers

When does a condition that some event happen at a determinate time extinguish an obligation?

Once the time expires without the event happening or if it is certain the event will not occur. Signup and view all the answers

In cases where an obligation is divisible and only part of it is affected by an impossible condition, what happens?

The affected part of the obligation is annulled while the rest remains valid. Signup and view all the answers

What happens to an impossible condition if there is already a pre-existing obligation that does not depend on it?

The pre-existing obligation remains valid despite the impossibility of the condition. Signup and view all the answers

In case of two or more demands by other creditors, who should the debtor prioritize payment to?

The first demanding creditor Signup and view all the answers

Which of the following acts can extinguish the obligation between solidary creditors and debtors?

Remission of the debt Signup and view all the answers

In novation, obligations can be modified by all of the following EXCEPT:

Increasing the debt amount Signup and view all the answers

When does confusion occur in a debt relationship?

When a creditor and debtor merge into the same person Signup and view all the answers

What happens in compensation between two persons in a debt relationship?

One debt is covered by the amount of the other Signup and view all the answers

Who is liable to other creditors for the share in the obligation when an act of novation, compensation, confusion, or remission is executed?

The creditor who executed the act Signup and view all the answers

What may the creditor do when two or more solidary debtors offer to pay?

Choose which offer to accept Signup and view all the answers

If a solidary debtor pays before the debt is due, can interest for the intervening period be demanded?

No, no interest can be demanded Signup and view all the answers

What happens if one solidary debtor is insolvent and cannot reimburse his share to the debtor who paid the obligation?

The insolvent debtor's share is split among all co-debtors proportionately Signup and view all the answers

What does payment by a solidary debtor entitle him to from his co-debtors?

No reimbursement if made after prescription of the obligation Signup and view all the answers

When does the creditor lose the right to demand interest on a payment made by a solidary debtor?

When the payment is made after the obligation has prescribed Signup and view all the answers

In what scenario does a solidary debtor not receive reimbursement from his co-debtors?

When he pays after the obligation has become illegal Signup and view all the answers