Mora Accipiendi – default on the part of the creditor or obligee; when the obligee unjustifiably refuses to accept payment or performance at the time the obligation is due. If the refusal is justified such as when the payment given is not that of what has been stipulated upon, there is no Mora Accipiendi.
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What are the requisites of delay? 1. Obligation must be due, demandable and liquidated; 2. Debtor fails to perform his positive obligation on the date agreed upon; 3. A judicial or extra-‐judicial demand made by the creditor upon the debtor to fulfill, perform or comply with his obligation; and. 4.
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CA ( G.R. No. 49852 Chapter 2. Essential Requisites of Contracts NOTE: Form is sometimes added as a sixth requisite of prestation but as a unless the creditor is in mora accipiendi (PARAS, 126; see also Art. 1268, CC). The requisites of mora accipiendi are: an offer of performance by the debtor who has the required capacity; the offer must be to comply with the prestation as it Mora Solvendi. The delay on the part of the creditor to accept the performance of the obligation. Mora Accipiendi.
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Instances when demand is not necessary: When the obligation or the law expressly so declares; Accontancy (BSA) Bachelor of Science in Civil Engineering. Accountancy (BSA) Bachelor of Science in Accountancy (BSA) Bachelor of Science in Nursing. Bachelor of Science in Civil Engineering (BSCE) Accountancy.
MORA SOLVENDI (mora of the debtor) – delay of the obligor or debtor to perform his obligation. …
Compensatiomorae -delay of debtors in reciprocal oblgns (eg. contract of sale); delay of the debtor cancels the delay of the creditor, & vice versa Requisites if delay by the debtor (morasolvendi) *assuming the oblgn is already due/demandable 1. Mariano Marcos State University. Electronics Engineering (ECE121) Accontancy (BSA) Bachelor of Science in Civil Engineering.
March 16, 2007
Requisites for a debtor to be in default (mora): The obligation be demandable and already liquidated; the debtor delays performance; and; the creditor requires the performance judicially and extrajudicially. Instances when demand is not necessary: When the obligation or the law expressly so declares;
Accontancy (BSA) Bachelor of Science in Civil Engineering. Accountancy (BSA) Bachelor of Science in Accountancy (BSA) Bachelor of Science in Nursing. Bachelor of Science in Civil Engineering (BSCE) Accountancy.
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An offer or performance by the debtor who has conditions of the contract. The requisites of mora accipiendi are: an offer of performance by the debtor who has the required capacity; the offer must be to comply with the prestation as it should be performed; and the creditor refuses the performance without just cause. 3 KINDS OF MORA: 1. MORA SOLVENDI (mora of the debtor) – delay of the obligor or debtor to perform his obligation. Requisites: -positive act or prestation of the debtor.
Offer of performance by the debtor who has the required capacity 2.
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2012-07-03 · 2.MORA ACCIPIENDI (mora of the creditor) – the delay of the obligee or creditor to accept the delivery of the thing which is the object of the obligation. Requisites: -the fulfilment requires the act of cooperation on the part of the creditor. -that the debtor has done what is incumbent upon him. -refusal by creditor.
d) The payment of interest must be expressly. stipulated. Mora accipiendi.
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Nov 2, 2019 Mora solvendi; Mora accipiendi; Compensatio morae. *There is no delay in REQUISITES OF A FORTUITOUS EVENT. The event must be
The requisites for the recovery of interest are the following, except: a) The agreement to pay the interest must be. in writing. b) The agreement as to the payment of. interest must be recorded with the Registry of Deeds. c) The interest must be lawful. d) The payment of interest must be expressly.