Mora or default

Question 1

Mora solvendi elements

Answer 1

1. That the obligation be demandable and already liquidated
2. That the debtor delays the performance
3. That the creditor requires the performance judicially or extra-judicially

Question 2

Mora accipiendi

Answer 2

1. An offer of performance by the debtor who has the required capacity
2. The offer must be to comply with the prestation as it should be performed
3. The creditor refuses the performance without just cause

Question 3

Compensatio Morae

Answer 3

When in a reciprocal obligation both parties are in default; here it is as if neither is in default

• Applicable only on reciprocal obligation; both parties are required to perform prestation with one another.
• If one party complied, then compensatio morae is converted to mora solvendi or mora accipiendi
• If just MUTUAL obligation, then only mora solvendi or mora accipiendi can occur

Examples of reciprocal obligation
Option contract
contract to sell
contract of sale