In reciprocal obligations, when does delay by the non-performing party begin?

In reciprocal obligations, when does delay by the non-performing party begin?

• A. From the moment one party fulfills his obligation
• B. At the moment the other party fails to comply
• C. Only after a court order
• D. Immediately upon signing the contract

Answer: (A)

In reciprocal obligations, the moment that triggers delay (mora) for the non-performing party is when the other party has fulfilled his own obligation. These contracts hinge on mutual exchange—the performance of one party creates the right and the duty for the other to reciprocate. Once one side has completed or made ready his performance, the other party’s obligation becomes due, and if he fails to perform it promptly, he is in delay. This gives a concrete starting point for liability and damages. For example, if one party must deliver goods in exchange for payment, and the delivering party has fulfilled his part, the payment becomes due. If the other party then delays paying, he is in mora. The delay does not start at signing or merely on a court order; it starts only after the counterpart has fulfilled his obligation.

In reciprocal obligations, the moment that triggers delay (mora) for the non-performing party is when the other party has fulfilled his own obligation. These contracts hinge on mutual exchange—the performance of one party creates the right and the duty for the other to reciprocate. Once one side has completed or made ready his performance, the other party’s obligation becomes due, and if he fails to perform it promptly, he is in delay. This gives a concrete starting point for liability and damages.

For example, if one party must deliver goods in exchange for payment, and the delivering party has fulfilled his part, the payment becomes due. If the other party then delays paying, he is in mora. The delay does not start at signing or merely on a court order; it starts only after the counterpart has fulfilled his obligation.