When we have something mutual, albeit without express something that we repay the same quality, the debtor can not restore that which, being of the same gender, worse, as new wine in old wine site , then in contract must be expressed for what really was agreed
Posted by Manuel Casal | Section "Nulla dies sine linea" - The phrase of the day
Cum crux mutuum dederimus, ETSI non cavimus, ut aeque redderetur bonum nobis, non licet debitori deteriorem rowing quae former genus eodem sit, reddere, veluti Vinum Novum pro Vetere: nam in contrahendo agitur quod est pro cautious habendum, id autem intellegitur AGI, ut eiusdem generis you eadem bonitate solvatur, qua datum sit.
Pomponio: Digest 12, 1 of the things borrowed, if requested by a certain thing and the condition 3 (D. 12.1.3)
* Judge of Appeal judgment dated 4/9/56 Obiols, RJ 26
* Judgment dated 20/12/82 TS Mitra, RJ 62, in relation to compliance with the principle that the provision should be understood that it is timely, complete and accurate, Davao TS t the consignment.
* Judgment dated 1/7/85 TS Mitra, RJ 107, relating to the ineffectiveness of the invocation of lack of money to pay debt service on the principle that every provision must run it promptly, fully and accurately.
* Not for judgment dated 15/6/85 TS Mitra, RJ 112, relative to the binding force of the principle of autonomy of the will to establish the essential elements of the lease and service provision.
* Judgment dated 25/1/88 TS Mitra, RJ 228, in relation to the debt must be paid the agreed provision, unlike the performance alternative.
