In a situation where a debtor defaults on his payment of a loan, the law requires that a demand has to be made by the creditor before the debtor can be considered delayed on his payments, except if the contract itself provided that no demand is necessary for delay to exist. …

When can a debtor be considered in delay?

When can a debtor be considered in delay? General Rule: No demand no delay! The debtor incurs in delay from the time the obligee judicially or extrajudicially demands from them the fulfillment of their obligation but the debtor failes to perform his obligation.

What are the rights given by law to creditor in case the debtor fails to comply with his obligation to deliver specific thing?

The obligation includes the delivery of all its accessions and accessories. If the debtor fails to comply, the creditor has the right to have the obligation performed by himself, or by another, (unless personal considerations are involved) at the debtor’s expense and to recover damages.

What is the remedy of the creditor if debtor fails to perform his obligation to deliver a determinate thing?

In obligation to do, the obligor (debtor) cannot be forced to perform his obligation as it will constitute an involuntary servitude. The only remedy of the creditor is to have the obligation executed by another at the expense of the debtor or ask for damages.

What are the exceptions to the general rule that demand is not necessary to put the debtor in delay?

There are four instances when demand is not necessary to constitute the debtor in default: (1) when there is an express stipulation to that effect; (2) where the law so provides; (3) when the period is the controlling motive or the principal inducement for the creation of the obligation; and (4) where demand would be …

What must a debtor do to be released from his obligation?

If the creditor to whom tender of payment has been made refuses without just cause to accept It, the debtor shall released from responsibility by the consignation of the thing or sum due. When the title of the obligation has been lost. …

What are the 3 kinds of delay?

What are the kinds of delay or default?

• Mora solvendi – default on the part of the debtor/obligor. a. Ex re – default in real obligations (to give) b.
• Mora accipiendi – default on the part of the creditor/obligee.
• Compensatio morae – default on the part of both the debtor and creditor in reciprocal obligations.

  Can a debtor be put in delay and consequently?

  Can a debtor be put in delay and consequently, incur liability even without demand from creditor? Explain.No. If the creditor does not demand, then it is presumed that he is giving the debtor an extension of time and the latter in not liable for damages.

  What will the debtor do if the creditor refuses to accept payment?

  If the creditor to whom a tender of payment is made refuses to accept it, without reason, the debtor shall be released from liability by the consignation due.

  Can a debtor be put in delay and incur liability?

  Keeping this in consideration, can a debtor be put in delay and consequently incur liability even without demand from creditor? Explain.No. If the creditor does not demand, then it is presumed that he is giving the debtor an extension of time and the latter in not liable for damages.

  What happens if a creditor does not demand payment?

  Explain.No. If the creditor does not demand, then it is presumed that he is giving the debtor an extension of time and the latter in not liable for damages. What must a debtor do to be released from his obligation if the creditor refuses to accept payment without any justifiable reason?

  When does a debtor have to make a demand?

  In a situation where a debtor defaults on his payment of a loan, the law requires that a demand has to be made by the creditor before the debtor can be considered delayed on his payments, except if the contract itself provided that no demand is necessary for delay to exist.

  What are rights of creditor in real obligation?

  If the debtor fails to comply, the creditor has the right to have the obligation performed by himself, or by another, (unless personal considerations are involved) at the debtor’s expense and to recover damages. Beside this, what are the remedies of creditor in real obligation?