12 Questions
What is a tender in the context of payment?
An attempted performance frustrated by the act of the creditor
What conditions must a tender fulfil to be considered valid?
Completeness and legal capacity
Who are the parties involved in a tender?
One debtor and one creditor
What happens if a tender does not meet all the conditions of a valid payment?
It is rejected by the creditor
What method can be used to obtain a discharge for obligations to deliver an immovable?
By procuring the appointment of a judicial receiver through a judgement in a contested suit or in a suit where the creditor has been summoned
In what type of suit can the appointment of a judicial receiver result in a discharge of obligations to deliver an immovable?
Contested suit
What is the effect of obtaining a discharge through the appointment of a judicial receiver?
The obligation is cancelled and no longer needs to be fulfilled
What action could result in avoiding obligations to deliver an immovable?
Procuring the appointment of a judicial receiver through any means
In what situation can a discharge be obtained for obligations to deliver an immovable?
By obtaining a discharge through the appointment of a judicial receiver
What is the effect of obtaining a discharge through the appointment of a judicial receiver?
The debtor is released from the obligation to deliver the immovable
What type of legal suit can result in the appointment of a judicial receiver for obtaining a discharge of obligations to deliver an immovable?
A contested suit or a suit in which the creditor has been summoned
What happens if a tender fails to meet all the conditions of a valid payment for obligations to deliver an immovable?
The creditor can refuse the tender and still demand full payment
Test your understanding of the legal concept of frustration of tender performance in the context of contract law. Explore the conditions required for a tender to be considered valid and the impact of creditor's actions on tender performance.
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