Practice question
A due loan requires no automatic default, time was not a controlling motive, and no other demand exception applies. The borrower has not paid, but the lender has made no judicial or extrajudicial demand. Is the borrower necessarily already in legal delay merely because the due date passed?
- Yes, every due date eliminates demand by itself.
- No, the general Article 1169 demand requirement has not been met on the stipulated facts.
- Yes, because all obligations are criminal penalties.
- No, because a loan can never become demandable.
- Yes, because the creditor may substitute an unexpressed intention for demand.
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, articles 1165–1174,1191–1192,1381,1383.
- https://lawphil.net/judjuris/juri2015/jan2015/gr_167519_2015.html — Wellex Group v U-Land Airlines, GR 167519, January 14 2015, main opinion: Article 1191 resolution as principal remedy.
- https://lawphil.net/judjuris/juri2015/dec2015/gr_202947_2015.html — ASB Realty Corporation v Ortigas & Company Limited Partnership, GR 202947, December 9 2015, main opinion: substantial breach and distinction of rescission contexts.
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