MORA ES EL RETRASO CULPABLE EN EL CUMPLIMIENTO DE LA OBLIGACIÓN PERO NO LO ES EL SIMPLE RETRASO.

Abstract

In order for default to be understood to have occurred, in addition to a delay in fulfilment of the obligation, article 1100 of the Civil Code requires the creditor to have instructed the debtor to pay. This demand for payment, which may be judicial or otherwise and is not required to be in any particular form, is not always mandatory, because, according to the same rule itself, a demand for payment is not mandatory when it has been declared unnecessary by accord or by law or when, because of the nature and circumstances of the obligation, the designation of the time when the obligation was to be fulfilled was a prime reason for establishing the obligation.