Mora (Law)

The delay is the culpable or deliberate delay in the fulfillment of an obligation or duty. Thus, not every delay in the debtor's performance implies the existence of delay in his performance.

An intentional delay in the fulfillment of an obligation represents a partial breach, which can cause more or less serious damage to the creditor, and as such breach is treated in the different legal systems. legal.

Now, if the delay in the debtor's performance is due to the occurrence of an action or omission of the creditor that prevents the debtor from being able to comply in due time, it is said that there is default of the creditor and may have liberating effects for the debtor from the responsibilities derived from its lack of timely compliance.

Requirements

The debtor is in default:

1. Where the obligation has not been fulfilled within the specified term, except that the law or contract requires the creditor to first require the debtor to comply with it to constitute a default.
2. When the debt must have been given or executed within a certain time, for a term or a time limit has been fixed, and the debtor has let it pass without giving or executing it.
3. In any case, it is necessary that the cause of delay in compliance may be charged to the debtor ' s voluntary or negligent action or omission, without incurring the creditor ' s arrears, fortuitous case or force majeure.

Initiation

Its initiation occurs: a) In obligations with a suspensive term, as of their expiration b) In obligations without a suspension period. If it is an obligation to give, the delay begins (in Mexican Law) after 30 days of the interpellation of the debtor. If it is to be done, it begins from the moment in which the creditor demands its fulfillment, and a reasonable and prudent time has elapsed for the fulfillment of the obligation.

Consequences of default

Although the specific consequences of defaulting on an obligation will depend on what was agreed upon, and the type of obligation, the following consequences are common:

1. It presupposes a contractual breach, which could lead to a reciliation if the contract is of successive tract and the mora has some seriousness.
2. It is customary for the debtor to be compelled to indemnify with the payment of late interest. In the absence of express agreement between the parties concerned establishing the amount of these interests, the law on the legal interest of money is applied in Spain.
3. Other damages caused by non-compliance, to be credited, may also be claimed.

Default in obligations to do

If the obligation is to do, and the debtor is in default, the creditor may request, along with compensation for the default, at his option:

1. The execution by the debtor of the agreed.
2. Let him himself be authorized to execute a third party at the expense of the debtor.
3. That the debtor compensates for the prejudices resulting from the infringement of the peak (mora)

Demurrage or delay

In merchandise traffic, and especially in maritime transport, it is possible that the ship's stay in port may be exceeded if the charterer does not carry out the corresponding loading or unloading on time. In this case it is said that he has incurred delay and must compensate the shipowner (in English, demurrage).

This concept also applies to the convertibility of some currencies, which require a fee for their return (for example, E-gold, free currency, or Terra).