ARTICLE V: WHEN IS RESTITUTION TO BE MADE?

796. • I. As to any debts whatever, generally restitution must be made as soon as it can be done without grave inconvenience. For natural right requires that you not retain another's thing while the owner is reasonably unwilling.

Hence 1° one who culpably defers restitution remains in continuous sin and cannot be absolved. Moreover, if damages come to the owner from the delay of restitution, or profit ceases, he is bound to compensate these things.

2° One who defers restitution a little, for example for 20 days (L. IV. 679), without grave inconvenience to the owner, is not easily, from this precise reason, to be condemned of mortal sin, indeed not even of venial sin if there is some cause of deferring, for example hope of a more convenient occasion, etc.¹ - Yet recall what was said n. 719. 4° concerning absolution regularly not to be conceded to those who, when morally they can, do not restore before absolution.

3° One who would wish to restore in parts, when he can easily restore the whole, would not be absolved; because the owner is reasonably unwilling even in this. The same must be said of him who, when he can restore during the course of life, nevertheless defers until death; or who, being constituted in danger of death, would reject without sufficient reason the obligation of restoring upon his heirs. - Recall what was said n. 719.

II. As to debts from injury; all damages which followed from delay must be compensated, even when the delay was inculpable.² Cf. n. 797. Query.

But whether extraordinary damages also must be compensated, or those which do not necessarily follow from delay of restitution, is controverted. - It seems probably to be denied, because these damages could not have been foreseen, nor therefore can they be imputed. S. Alph. does not treat the question.

797. • III. As to debts from contract, generally one must stand by the conditions attached to the contract concerning time or concerning other circumstances, unless it is prudently presumed that the will of the other contracting party is otherwise.

Hence 1° restitution, or rather payment, must be made at the time concerning which agreement was expressly or tacitly made.

2° The debtor can anticipate, if the term assigned to payment is in his favor, as ordinarily happens; otherwise, however, if the same term turns to the utility of the creditor, as for example in furnishing money with profit to be perceived.

3° If the term has not been fixed, according to the opinion of many the debtor without sin at least grave can generally wait until he is warned by the creditor, unless nevertheless this man takes damage from it, or from fear does not dare to warn, or from forgetfulness or inability omits the warning, or the debtor obligated himself with an oath; for an oath of itself obliges as soon as possible.³

4° If the debtor has a just cause of deferring, he is not bound to compensate damage coming from delay.¹ - Thus commonly.

Query. Is he who delayed restitution from a just cause bound to compensate profit ceasing or damage emerging?

Resp. He is bound when the debt comes from delict; because although he did not sin by deferring restitution from a just cause, nevertheless from the preceding injury he is truly the unjust and culpable cause of that damage, and therefore that damage must be repaired by him. - Thus commonly, with S. Alph.² against others. - But if the debt comes from contract, he is not bound; because then the debtor is not the unjust and culpable cause of that damage, since he is by no means supposed to be in culpable delay, and so it does not appear by what title he is bound to this.³