Friday, July 13, 2012

3 KINDS OF MORA


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
                -obligation should be demandable, due and liquidated.
                -that the debtor shall delay by fraud or by negligence
                -creditor should demand  either judicially or extra-judicially.
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.
3.COMPENSATIO MORAE – the delay of the parties or obligors in reciprocal obligations.

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