Special Payments and Obligation Breaches in Law
Special Payment Methods
Allocation of Payments
When multiple obligations exist, the debtor can specify which debt the payment covers. However, interest must be covered before principal. If the debtor doesn’t specify, the law prioritizes interest payments.
Payment in Kind
Instead of the original benefit, the debtor and creditor can agree on a different form of payment.
Payment by Transfer of Property
The debtor can transfer property to creditors to settle debts.
Provision
The debtor deposits the due item with judicial authorities for creditor disposal.
Alleged Breach of Obligations
If the debtor fails to perform accurately, the law provides remedies. Intentional breach (fraud) occurs when the debtor knowingly violates the obligation. Guilt arises from negligence, varying from gross negligence to slight fault.
Non-Attributable Failure
Acts of God and Force Majeure
The debtor is not liable if external events prevent fulfillment.
Inaccurate Implementation
If the fulfillment deviates from the agreement (e.g., wrong place or item), the creditor can refuse it.
Delay (Mora)
Claimed Mora
Delay starts after the creditor demands fulfillment.
Automatic Mora
Delay occurs automatically upon missing the deadline.
Delay in Reciprocal Obligations
In bilateral obligations, delay for one party begins when the other fulfills their part.
Consequences of Attributable Failure
Attributable failure leads to debtor liability and potential manslaughter charges if applicable.