Legal Delay and Debt Negotiation, Study notes of Law of Obligations

Download Legal Delay and Debt Negotiation and more Study notes Law of Obligations in PDF only on Docsity! CASES CASE # 2: With the exception of the cases duly stipulated in article 1169 of the Civil Code, which do not apply here, the debtor is only legally in delay of payment under the Philippine legal system when they are summoned to comply judicially or extrajudicially. Article 1169 states that, "Those obliged to deliver or to do something incur in delay from the time the oblige judicially or extrajudicially demands from them the fulfillment of their obligation. However, the demand by the creditor shall not be necessary in order that delay may exist: (1) When the obligation or the law expressly so declare; or (2) When from the nature and the circumstances of the obligation it appears that the designation of the time when the thing is to be delivered or the service is to be rendered was a controlling motive for the establishment of the contract; or (3) When demand would be useless, as when the obligor has rendered it beyond his power to perform." This indicates that Mr. X is not in legal delay on December 15 (the agreed-upon payment date) or December 25 in the absence of a request to pay (the factual information provided to us does not indicate otherwise). Having said that, because Mr. X is not yet in legal delay, which makes it impossible to enforce the payment in court, Mr. Y cannot claim the payment in court because he does not yet have the legal prerogative to enforce this right before a court. A letter requesting payment of the loan was sent to Mr. X on December 27, which is considered an extrajudicial demand for legal purposes. If the P100,000 is not paid within the five-day deadline, Mr. Y is in legal delay under the terms and for the reasons previously explained. This new lawful circumstance gives loan boss Mr. Y the option to make a legitimate move, i.e., the chance of upholding his right in court. In my opinion, Negotiation requires careful consideration. Consider how long it would take you to pay off all of your debts without settling. Negotiating debt is not for everyone. Either your debts seem insurmountable, or you don't have a lump sum saved up. Let's take a quick look at the two debt relief options consolidation loans and bankruptcy that some customers opt for instead. CASE # 5: Since the obligation is joint, Mr. X is only responsible for his 30,000 pesos share of the debt, and Mr. A is only entitled to his 30,000 pesos share of the credit.