When an obligation becomes due, the fact that the debtor does not perform the obligation creates a delay in performance of the obligation. As a general rule, a delay in performance of the obligation does not automatically constitute the debtor’s default by itself. According to TCO art. 117 par. 1, in order for a debtor to fall into default, the obligation must be due, the debtor must fail to perform the obligation and the creditor must give notice for performance.