Practice question
Under the general rule in Article 1169, when does an obligor bound to deliver or do something incur legal delay?
- Whenever the creditor privately wishes performance would occur earlier.
- Only after a criminal conviction.
- Only after the debtor signs a second contract.
- From judicial or extrajudicial demand for fulfillment of the due obligation, subject to the recognized exceptions.
- Only after registration of a notice at the Registry of Deeds.
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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