For the debtor to be in default, the creditor has to draw a notice even if a deadline for performance of the obligation has been previously set by agreement.

For the default of the debtor “fault” is not a requirement.

A debtor in default is not liable from an accidental loss and damages even if the default has occurred through fault of his/her own.

It is not possible for the creditor to be in default.

A debtor can be in default even if the obligation is not due, in case the creditor changes his mind and requests the performance in advance.