Module 3 Flashcards
Failure to perform an obligation on time which failure constitutes a breach of the obligation
Delay or Mora
Other term for delay
Mora
Mora
Delay
Kinds of delay
Mora solvendi
Mora Accipendi
Compensatio morae
Delay on the part of debtor to fulfill his obligation
Mora Solvendi
Delay on the part creditor to accept the perfomance of the obligation
Mora Accipendi
Delay on the part of the both parties where the result is no actionable default
Compensatio Morae
Settle between the 2 parties
Extra juridically demands
Kinds of delay
Ordinary delay
Legal delay or default or mora
Default
Delay
Merely failure to perform an obli on time
Ordinary delay
The failure to perform an obligation on time which failure constitutes a breach of the obli
Legal delay or default or mora
No delay in negative personal obli
Because negative personal obli is obli not to do
Requisites of delay
Failure of the debtor to perform his obli on the date agreed
Demand by creditor upon the debtor to comply with his obli
Failure of the debtor to comply with demand
Demand is not necessary to put debtor in delay
When obli provides
Law so provides
Time is of the essence
Demand will be useless
There is performance by a party in reciprocal obligation
Grounds of liability
Fraud (incidental fraud or dolo acidente)
Negligence (fault or culpa)
Delay (mora)
Contravention of the terms of the obli
Committed in the performance of an obli already existing . There’s an intention to cause damage or injury of other parties
Fraud
Voluntary act or omission, no bad faith or malice which prevents the normal fulfillment of an obli. No intention to cause damage or injury
Negligence (fault or culpa)
Violation of the terms and conditions stipulated in the obli
Contravention of the terms of the obli
Any event cannot be foreseen which is inevitable. May be act of man or act of god
Forfuitious event
Contract where one of the parties delivers to another, money or other consumable thing, upon the condition that the same amount of the same kind and quality shall be paid. May be gratuitous or with a stipulation to pay interest
Simple loan or mutuum
Simple loan
Mutuum
Simple loan
Mutuum
Inference of a fact not actually known arising from its usual connection with another which is known or proved
Presumption
Kinds of presumption
Conclusive
Disputable or rebuttable
One which cannot be contradicted
Conclusive
One which can be contradicted or rebutted by presenting proof to the contrary
Disputable or rebuttable
An obli which is not subject to terms or condition
Pure obli
Future and uncertain event happening of which can give rise or extinguish and obli
Condition
Kinds of condition
Suspensive condition
Resolutory condition
Condition which fulfillment will give rise to an obli
Suspensive condition
Condition which fulfillment will give rise to an obli
Suspensive condition
Condition which fulfillment will extinguish and obli
Resolutory condition
Obli which is subject to condition
Conditional obli
Obli which is subject to condition
Conditional obli
Condition suspensive in nature and which depends upon the sole will of one of the contracting parties
Potestative condition
Condition suspensive in nature and which depends upon the sole will of one of the contracting parties
Potestative condition
Effects of condition
Suspensive condition upon the will of the debtor (void)
Sus. Condi depends upon the will of creditor (valid)
Sus. Condi. Depends upon a chance (valid)
Sus. Condi. Depends upon the will of third person (valid)
Resolutory condi. Depends upon the will of debtor (valid)
Effects of condition
Suspensive condition upon the will of the debtor (void)
Sus. Condi depends upon the will of creditor (valid)
Sus. Condi. Depends upon a chance (valid)
Sus. Condi. Depends upon the will of third person (valid)
Resolutory condi. Depends upon the will of debtor (valid)
Obli is void when
Impossible conditions
Condi contrary to good customs
Condi contrary to public policy
Condi prohibited by law
When do consider the thing loss?
When it perishes, or goes out of commerce or nalaos, disappears in such way that its existence is unknown or it cannot be recovered
One whose effect or consequences are subjected in one way or another to the expiration or arrival of said period or term
Obligation with a period
A future and certain event athe arrival of which shall give rise or extinguish the obli
Period
Computation of tern or period. (Legal periods)
Year- 12 months
Month- 30 days
Day -24 hrs
Night- sunset to sunrise
