Paragraph 1 does not mean that the creditor may use force against the debtor. The creditor must take the case to court and will be the one ordering delivery. If a debtor fails to comply with its obligation to deliver a particular asset, the creditor may avail itself of the following measures: d. In the case of reciprocal obligations, neither party is in default if the other party does not properly fulfill its responsibility or is not willing to perform it correctly. From the moment one of the parties fulfills its obligation, the delay by the other begins. (1) to deliver an article that, having regard to the object of the obligation and other circumstances, is of the quality desired by the parties; and delay or delay or mora is the failure to perform an obligation in relation to time. It is when someone does not fulfill an obligation within the time allotted to him. (2) if it follows from the nature and circumstances of the obligation that the determination of the time at which the goods or services are to be performed was a decisive reason for the conclusion of the contract; or (2) liability for damages for fraud, negligence or delay, in performance of its obligation or breach thereof. When I look at the “image source” link, it turns out that you put the Google search results link instead of the image URL. Use this tool to perform image credit easily steemitcuration.appspot.com/imageformat. Held: Yes, he is responsible for such an offence under Article 1167 of the Civil Code. For the costs of proper performance of the obligation. In this case, the cost of fulfilling the obligation should be the cost of work or services devoted to the repair of the typewriter.
Depending on the time of the engagement, the fraud may be in the past or in the future. The fraud referred to in this Article is fraud relating to the performance of an obligation and not fraud giving rise to the obligation. Any waiver of a claim for future fraud is void. If the parties have agreed on a fraud to be committed, it is null and void. The law advises against the use of fraud, even if consent has been given to commit it. Thus, a debtor is liable for fraud committed even if such a waiver exists. On 10 January 2019, ABC signed a contract for the delivery of a vessel to ZZZ. The former did not meet the deadline. On January 30, 2019, the ship sank due to a raging storm.
ABC is not responsible because the obligation has expired. It does not require any legal postponement. (COMMITMENT) There is no claim if both parties have agreed on an obligation to provide that the debtor will be punished if he does not deliver the object on time. The agreement of the parties renders the need for a claim irrelevant to the imposition of the penalty. Of course, if there is a provision to that effect, it is not necessary to include accessions and accessories. However, the creditor`s claim is not necessary for default to occur: a. Ex re – default with real obligations (give) b. Ex persona – delay in personal obligations (to be done) III. Compensatio morae – this is a delay in mutual obligations.
Creditors and debtors are therefore in default. If both are in default, there is no delay at all. Another standard of care – The degree of care should not be less than the diligence of a good father. Anything inferior would be contrary to public order and morality. (2) Prohibited by agreement of the parties. — If this is prohibited by agreement between the parties, for example the provision that, on the death of the creditor, the obligation lapses or that the creditor may not assign his credit to another person. The provision prohibiting the transfer must not be contrary to public policy. Such a provision, which is contrary to the general rule, should not be implicit automatically, but must be clearly demonstrated or, at the very least, clearly implicit in the provisions of the Treaty itself. A creditor may be in default if the debtor fulfills his obligation but refuses to receive the object due without legitimate reason.
It must be an unjustifiable reason to grant a delay. One. The obligation must be due and enforceable. The debtor fails to fulfil its obligation under c. The creditor requires performance of the obligation before or outside the court d. The debtor does not comply with this request The first recourse of a creditor to enforce his claims is to sue the debtor`s assets. It must be required to secure the debtor`s assets to satisfy its claims. In this case, the creditor asks a court to cancel the immovable property belonging to the debtor in order to satisfy his claims.
This is called an attachment. If the creditor pays, the court may order the sale of the seized real estate and the use of the proceeds of the creditor`s claims. Obligations of the debtor in the obligation to deliver a generic article For example, Asbonclz is in default. First of all, his obligation to give is already due and can be claimed. Second, Asbonclz did not supply the specific vehicle ( Breach of obligation. Third, Heda amicably demanded the delivery of such a specific car. Finally, Asbonclz did not comply with this request by not delivering the car again after Heda`s extrajudicial request. Therefore, Asbonclz is really late. 1175 Usurious transactions are subject to special laws.
(n) Article 1176. The receipt of the principal claim by the creditor without reservation in respect of interest gives rise to the presumption of payment of such interest. The receipt of a subsequent unreserved payment of previous payments also justifies the presumption of payment of those payments. (1110a) Section 1177. Creditors, having sued the assets held by the debtor to satisfy his claims, may exercise all the rights and bring all the actions brought by the debtor for the same purpose, except those inherent in it; They may also contest acts that the debtor may have committed in order to defraud them. (1111) Article 1178. Subject to law, all rights acquired by virtue of an obligation are transferable, unless otherwise provided. (1112) I just followed you and checked your blogs. Can I recommend that you limit other people`s blog appreciation unless it`s necessary because your audience might be upset or whatever. You wanted to read the content you created, not someone else`s content.
I hope this helps you :). I hope he will succeed in overcoming all trials, may God bless him. Select this option to get remote access when you are away from your institution. Shibboleth/Open Athens technology is used to provide single sign-on between your institution`s website and Oxford Academic.