delay is the culpable or deliberate delay in the fulfillment of an obligation "Obligated (economics)") or duty. Thus, not every delay in the debtor's performance implies the existence of delay in his performance.[1]​.

An intentional delay in the fulfillment of an obligation represents a partial breach, which can cause more or less serious damage to the creditor, and as such breach is treated in the different legal systems.

legal.

Now, if the delay in the debtor's performance is due to the concurrence of an action or omission of the creditor that prevents the debtor from being able to comply in due time, it is said that there is default of the creditor and it can have liberating effects for the debtor from the responsibilities derived from his lack of timely compliance.

The debtor is in default:

Its initiation occurs:

a) In obligations with a suspensive term, as of their expiration

b) In obligations without a suspension period. If it is an obligation to give, the delay begins (in Mexican Law) after 30 days of the interpellation of the debtor. If it is to be done, it begins from the moment in which the creditor demands its compliance, and a reasonable and prudent time has elapsed for the fulfillment of the obligation.

Although the specific consequences of default on an obligation will depend on what was agreed upon, and the type of obligation, the following consequences are common:[2]​.

If the obligation is to do, and the debtor is in default, the creditor may request, along with compensation for the default, at his choice:

In merchandise traffic, and especially in maritime transport, it is possible that the ship's stay in port may be exceeded if the charterer does not carry out the corresponding loading or unloading on time. In this case it is said that he has incurred delay and must compensate the shipowner (in English, demurrage).

This concept also applies to the convertibility of some currencies, which require a fee for their return (for example, E-gold, free currency, or Terra).