Breach of Contractual Obligations

Attributable Breach

A breach of duty may be attributable to the debtor due to fraud, fault, or default.

Non-Attributable Breach

A breach is not attributable to the debtor if it is due to unforeseen circumstances or force majeure. As stated in Article 1105 of the Civil Code, no one is responsible for events that could not be foreseen and were inevitable (except in cases expressly mentioned in the law or obligation).

Causes of Breach

A) Attributable to the Debtor (Art. 1101 CC)

• Fraud (Dolo)
• Fault (Guilt)
• Default (Mora)

B) Not Attributable to the Debtor (Art. 1105 CC)

• Fortuitous Event
• Force Majeure

Note: Fraud implies malice, deceit, while guilt refers to negligence and carelessness.

Fraud (Dolo)

A conscious will to produce an unjust act (Definition within contracts: Art. 1569 CC). Fraud represents a greater degree of culpability (Arts. 1101-1102 CC).

Fault (Guilt)

The omission of due care that produces an unjust act (Art. 1104 CC). Disclaimer: Arts. 1101, 1103 CC.

Default (Mora)

Default is the culpable delay in meeting obligations.

Effects of Default

• The debtor must compensate for damages caused.
• For monetary claims, compensation involves paying default interest, which may be agreed upon or statutory.

When Default Occurs

• Creditor requirement is necessary for civil obligations unless otherwise specified by law or the parties (Art. 1100 CC - Mora claimed).
• Automatic when the obligation or law dictates, such as in commercial obligations with a specified maturity date (Art. 63, Commercial Code).

Effects of delay begin the day after the due date.

Unforeseeable Circumstances (Force Majeure) - Art. 1105 CC

An event beyond the debtor's control, unpredictable or inevitable, preventing the debtor from fulfilling the obligation.

Consequences of Breach of Duty

The creditor may:

1. Compel performance of the obligation when possible.
2. Demand compensation for damages from the debtor (Arts. 1106-1109).
3. Demand mandatory resolution of the contractual relationship.