Page 15 - Obligations & Contracts Module 1-2
P. 15
IRREGULARITY OF PERFORMANCE/BREACH
B. Causes “Not Attributable” to Debtor
1. Delay/ Mora - non fulfillment with respect to time
Mora accepiendi – default on part of creditor; Creditor is guilty of default when
he unjustifiably refuses to accept payment or performance at the time
payment/performance can be done.
Effects of Mora accepiendi :
(1) responsibility of debtor is reduced to fraud and gross negligence
(2) debtor is exempted from risk of loss of thing / creditor bears risk of loss
(3) expenses by debtor for preservation of thing after delay is chargeable to the
creditor who delayed the acceptance
(4) if obligation bears interest, debtor does not have to pay from time of delay
(5) creditor liable for damages
(6) debtor may relieve himself of obligation by consigning the thing
Compensatio morae – both parties are in default (in reciprocal obligations);
the effect is as if there is no default.
