EL INCUMPLIMIENTO ES TAL, SI IMPIDE EL FIN NORMAL DEL CONTRATO FRUSTRANDO LAS LEGÍTIMAS EXPECTATIVAS DE LA PARTE.

Abstract

The default required of a person in order for that person to stand in breach of contract must be a real, true breach. It is not enough to adduce breach of accessory or complementary features whose smallness does not prevent the creditor from obtaining the economic goal of the contract. Therefore, mere delay is not breach. Article 1124 of the Civil Code protects the rights of third-party purchasers and attenuates the effect of a decision in the favour of purchasers who are not mala fide purchasers, since the burden of proving the third party's mala fides (i.e., showing proof of intent to cheat or help cheat the person asking for the decision) will fall upon the person claiming mala fides.