MORA DEBITORIS:

Mora debitoris is the unjustifiable FAILURE of a debtor to MAKE timeous performance of a positive obligation that is due and enforceable and still capable of performance in spite of such failure.

Requirements:

• The DEBT must be due and enforceable.
• The time for performance must have been fixed, either in the contract or by a SUBSEQUENT demand for performance, and the debtor must have failed to perform timeously.
• Such failure to perform on time must be without legal justification.

Mora ex re occurs where the debtor fails to perform on or before the due date expressly or impliedly stipulated by the parties in their contract. Mora ex persona occurs where no time for performance has been stipulated, and the creditor demands that the debtor perform on or before a definite date that is reasonable in the circumstances (by means of a letter of demand, or oral demand).

MORA CREDITORIS:

Mora creditoris is a form of breach of contract by a creditor. It occurs in cases where a creditor is obliged to lend his or her cooperation, and culpably fails to do so timeously.

Requirements:

• The debtor must be under an obligation to make the performance to the creditor (the performance need not be enforceable or due, however).
• Cooperation of the creditor must be necessary for the performance by the debtor of his obligation.
• The debtor must tender performance to the creditor.
• The creditor must delay in accepting performance.
• The delay must be due to the fault of the creditor.

MORA DEBITORIS:

Mora debitoris is the unjustifiable failure of a debtor to make timeous performance of a positive obligation that is due and enforceable and still capable of performance in spite of such failure.

Requirements:

Mora ex re occurs where the debtor fails to perform on or before the due date expressly or impliedly stipulated by the parties in their contract. Mora ex persona occurs where no time for performance has been stipulated, and the creditor demands that the debtor perform on or before a definite date that is reasonable in the circumstances (by means of a letter of demand, or oral demand).

MORA CREDITORIS:

Mora creditoris is a form of breach of contract by a creditor. It occurs in cases where a creditor is obliged to lend his or her cooperation, and culpably fails to do so timeously.

Requirements: