Is there a default if before the due date the debtor fulfills his monetary obligation with two transfers in a short interval?
Is there a default if before the due date the debtor fulfills his monetary obligation with two transfers in a short interval?
By transferring the amounts, the debtor has actually fulfilled his obligation on time. It cannot be considered that a violation of the law has been committed in the sense that the debtor has fulfilled the obligation in parts and not in full. The interval between the two transfers is only five days, and the sum of them is equal to the amount of the entire debt. Obviously, it is not a question of performing parts, but of using two technical methods of repayment through two different institutes. The purpose of the law is not to break or fragment an obligation and thereby damage the creditor's interest. Such damage is not present when the performance is performed in a short interval, and before the deadline for repayment of the obligation. the cancellation of a contract by virtue of Article 87, paragraph 4 of the Law on Obligations and the contract is not allowed when the unfulfilled part is insignificant in view of the interests of the creditor. Moreover, cancellation cannot be allowed when the whole obligation has been fulfilled in time, but this has happened with two consecutive obligations.