BUSINESS LAW

(ARTICLE 1192-1195)
ARTICLE 1192

In case both parties have committed a breach of the obligation,

the liability of the first infractor shall be equitably tempered by
the courts. If it cannot be determined which of the parties first
violated the contract, the same shall be deemed extinguished, and
each shall bear his own damages.
FIRST INFRACTOR KNOWN

The liability of the first infractor should be equitably reduced.

- Equitably offset each other’s damagaes

FIRST INFRACTOR CANNOT BE DETERMINED

The court shall declare the extinguishment of the obligation and each
shall bear his own damages.
ARTICLE 1193

Obligations for whose fulfillment a day certain has been fixed,

shall be demandable only when that day comes
ARTICLE 1194

In case of loss, deterioration or improvement of the thing before

the arrival of the day certain, the rules in Article 1189 shall be
observed.
ARTICLE 1195

Anything paid or delivered before the arrival of the period, the obliger being unaware of the
period or believing that the obligor being unaware of the period or believing that the
obligation has become due and demandable, may be recovered, with the fruits and interest.
CONSEQUENCES:

1. If he was not aware of the period of the or he believes that

obligation has become due and demandable- he can recover
what he paid or delivered including fruits and interests;
2. If he was aware and he paid voluntarily- he cannot recover the
deliver made; it is deemed a waver of the benefit of the term
and the obligation is considered already matured.