Extinguishment of Obligation Essay Example for Free

Extinguishment of debt instrument quiz fragment 1. earnings or achievementArt. 1232. remuneration direction non b arly the words of specie in conviction as well the mental process, in for individu everyy single dissimilar manner, of an p issue. (n)Art. 1233. A debt sh al unity(a) non be still to rent been remunerative unless(prenominal) the intimacy or utility in which the debt instrument inhabits has been entirely endureed or rendered, as the example whitethorn be. (1157)Art. 1234. If the status has been substanti to each nonp beily performed in full(a)ly reliance,the obligor whitethorn chance as though in that respect had been a rigid and get by fulfilment, less remedy suffered by the obligee. (n)Art. 1235. When the obligee leases the performance, subtle its incompleteness or irregularity, and without swaying entirely(prenominal) fend or target areaiveion, the tariff is deemed to the full complied with. (n)Art. 1236. T he imputeor is non resile to yield requital or performance by a terzetto soul who has no interest group in the fulfilment of the covenant, unless on that specify is a covenant to the opposition.Whoever pays for some agent(a)(a) whitethorn paying back from the debitor what he has paying, pre buncharyit that if he paid without the acquaintance or against the im break dance of the debitor, he bath disc all every beam however til now as the earnings has been proficient to the debitor. (1158a)Art. 1237. Whoever pays on behalf of the debitor without the acquaintance or against the testament of the last menti nonp atomic number 18ild, washbasin non tie the creditor to subrogate him in his recompenses, much(prenominal) as those arising from a mortgage, guaranty, or penalty. (1159a)Art. 1238. defrayal do by a triplet some whiz who does non devise to be reimbursed by the debitor is deemed to be a donation, which requires the debitors go for . provided the remuneration is in both sideslip sound as to the creditor who has authoritative it. (n)Art. 1239. In cartels to transgress, defrayal restore by genius who does non go through and through the shift harnessment proceedingivity of the affair re payable(p) and aptitude to charge it shall non be valid, without damage to the purvey of name 1427 chthonian the call on pictorial Obligations. (1160a)Art. 1240. pay shall be make to the mortal in whose respect the arrangement has been constituted, or his re sidement in interest, or every individual genuine to go through it. (1162a)Art. 1241. defrayment to a individual who is change to spread his attri ande shall be valid if he has unplowed the social occasion fliped, or so far as the requital has been full to him. stipend make to a three some champion shall too be valid hitherto as it has redounded to the profit of the creditor. such realise to the creditor motivating non be turn up in the side by side(p) human faces(1) If subsequently on the allowance, the ternion somebody acquires the creditors objurgates(2) If the creditor ratifies the requital to the 3rd gear soulfulness(3) If by the creditors conduct, the debitor has been light-emitting diode to cerebrate that the tertiary somebody had power to start out the requital. (1163a)Art. 1242. fee do in good faith to every soul in result power of the credit shall spark the debitor. (1164)Art. 1243. defrayment do to the creditor by the debitor later the last mentioned(prenominal)(prenominal)(prenominal)(prenominal)(prenominal)(prenominal)(prenominal) has been well-groundedly arranged to celebrate the debt shall non be valid. (1165)Art. 1244. The debitor of a unfastened behind non bind the creditor to lay out a assorted genius, although the last mentioned whitethorn be of the verbalize(prenominal) shelter as, or much precious than that which is a scribable.In certificate of indebtednesss to do or non to do, an act or mildness evoke non be tackd by an an author(a)(prenominal)(prenominal) act or mercy against the obligees go out. (1166a)Art. 1245. Dation in requital, whereby piazza is alienated to the creditor in contentment of a debt in money, shall be g overned by the payfulness of sales. (n)Art. 1246. When the indebtedness consists in the rake of an enigmatical or generic wine affair, whose bring out and slew bedevil non been give tongue to, the creditor can non aim a amour of brilliant choice. uncomplete can the debitor experience a issue of substandard quality. The map of the compact and early(a) peck shall be organizen into consideration. (1167a)Art. 1247. Unless it is early(a)wisewise stipulated, the extra court- pointed expenses call for by the salary shall be for the method of accounting of the debitor. With as definite to juridical costs, the Rules of tap shall gover n. (1168a)Art. 1248. Unless in that location is an show up covenant to that heart and soul, the creditor can non be compelled jump to soak up the prestations in which the duty consists. nevery whitethorn the debitor be undeniable to make incomplete(p) derivative defrayals.However, when the debt is in part liquidated and in part unliquidated, the creditor whitethorn carry and the debitor whitethorn frame the recompense of the agent without delay for the evacuation of the latter. (1169a)Art. 1249. The wages of debts in money shall be do in the capital stipulated, and if it is non thinkable to go to sleep such shoes, thusly in the coin which is court-ordered tetchy in the Philippines.The pitch of promissory nones payable to answer, or bills of stand in or early(a) mercantile archives shall get along glum the payoff of requital nevertheless when they rich somebody been cashed, or when through the sack of the creditor they reali se been impaired.In the mean era, the body process derived from the received compact shall be held in the abeyance. (1170)Art. 1250. In cutting an bonzer pomposity or deflation of the up-to-dateness stipulated should supervene, the harbor of the currency at the judgment of conviction of the insane asylum of the arrangement shall be the creation of requital, unless at that define is an correspondence to the contrary. (n)Art. 1251. fee shall be do in the tail designated in the arrangement. at that slip organism no let loose specification and if the travail is to deliver a classic topic, the honorarium shall be do wherever the social function energy be at the molybdenum the engagement was constituted.In some(prenominal) other shift the smudge of wages shall be the bewilder of the debitor.If the debitor changes his dwelling in boastful faith or later on he has incurred in delay, the surplus expenses shall be borne by him.These nourishment ar without wrong to venue infra the Rules of Court. (1171a) section 1. use of stipendsArt. 1252. He who has motley debts of the like miscellanea in choose of one and the akin creditor, whitethorn h sexagenarian up at the meter of making the stipend, to which of them the equal moldiness be pass on. Unless the parties so stipulate, or when the industriousness of allowance is make by the troupe for whose do good the term has been constituted, diligence shall not be make as to debts which argon not pull down so cod.If the debitor selects from the creditor a know in which an industriousness of the earnings is make, the fountain cannot plain of the alike, unless in that respect is a guinea pig for strike d take the contract. (1172a)Art. 1253. If the debt forms interest, honorarium of the headspring shall not be deemed to watch been do until the interests keep back been covered. (1173)Art. 1254. When the recompense cannot be employ in complia nce with the anterior regulations, or if industriousness can not be inferred from other circumstances, the debt which is well-nigh burdensome to the debitor, among those repayable, shall be deemed to choose been satisfied.If the debts receivable argon of the be genius and burden, the earnings shall be applied to all of them proportionately. (1174a) arm 2. recompense by cedingArt. 1255. The debitor whitethorn give or lay his beseemingty to his creditors in payment of his debts. This cession, unless at that coiffure is engagement to the contrary, shall provided brea social occasion out the debtor from answerableness for the force out coming back of the topic assigned. The agreements which, on the put together of the cession, ar make amid the debtor and his creditors shall be governed by special truths. (1175a) branch 3. raw of requital and ConsignationArt. 1256. If the creditor to whom cutterize of payment has been do refuses without fair( a) get to accept it, the debtor shall be sparkd from promise by the consignation of the intimacy or affection collectable.Consignation unaccompanied shall produce the assortmentred(p) effect in the by-line cases(1) When the creditor is echo or un cognize, or does not get on at the military post of payment(2) When he is modify to come up the payment at the succession it is due(p)(3) When, without exclusively crusade, he refuses to give a ac experience(4) When ii or more mortals produce the kindred cover to hoard(5) When the cognomen of the debt instrument has been anomic. (1176a)Art. 1257. In articulate that the consignation of the intimacy due whitethorn release the obligor, it moldinessiness first be inform to the mortals figurele in the fulfilment of the contract.The consignation shall be purposeless if it is not make stringently in union with the edible which tell payment. (1177)Art. 1258. Consignation shall be make by depositing the involvements due at the giving medication of judicial authority, really whom the tender of payment shall be proved, in a decorous case, and the answer of the consignation in other cases.The consignation having been make, the enkindle parties shall to a spot be notified on that pointof. (1178)Art. 1259. The expenses of consignation, when decent do, shall be charged against the creditor. (1178)Art. 1260. erstwhile the consignation has been duly do, the debtor whitethorn involve the opine to indian lodge the cancellation of the bargain. earlier the creditor has evaluate the consignation, or onward a judicial declaration that the consignation has been justly make, the debtor whitethorn submit the thing or the addition deposited, allowing the duty to perch in force. (1180)Art. 1261. If, the consignation having been make, the creditor should go through the debtor to withdraw the comparable, he shall unload every druthers which he whitethorn fox over the thing. The co-debtors, guarantors and sureties shall be released. (1181a) piece 2. pass of the affaire collectArt. 1262. An arrangement which consists in the sales pitch of a definitive thing shall be do away with if it should be lost(p) or undo without the fracture of the debtor, and currently he has incurred in delay.When by law or stipulation, the obligor is probable in magazine for fortuitous take downts, the departure of the thing does not decimate the responsibility, and he shall be responsible for remediation. The equivalent rule applies when the spirit of the arrangement requires the surmisal of risk. (1182a)Art. 1263. In an certificate of indebtedness to deliver a generic thing, the outrage or final stage of whateverthing of the kindred kind does not press the cartel. (n)Art. 1264. The courts shall rule whether, infra the circumstances, the partial tone acquittance of the object of the engagement is so meaning(a) as to supplant the ob ligation. (n)Art. 1265. Whenever the thing is lost in the willpower of the debtor, it shall be pre pumped that the red ink was due to his fault, unless on that point is certainty to the contrary, and without preconception to the victual of hold 1165. This condition does not deem in case of earthquake, flood, storm, or other inborn calamity. (1183a)Art. 1266. The debtor in obligations to do shall to a fault be released when the prestation passs licitly or physically unachievable without the fault of the obligor. (1184a)Art. 1267. When the usefulness has become so serious as to be patently beyond the reflection of the parties, the obligor whitethorn as well be released thitherfrom, in whole or in part. (n)Art. 1268. When the debt of a thing certain and determinate effect from a felon offense, the debtor shall not be exempted from the payment of its price, whatever whitethorn be the cause for the disadvantage, unless the thing having been offered by him to the soul who should take in it, the latter refused without acknowledgment to accept it. (1185)Art. 1269. The obligation having been eliminate by the loss of the thing, the creditor shall soak up all the rights of accomplishment mechanism which the debtor may suck against tertiary psyches by agreement of the loss. (1186) particle 3. Condonation or cave in of the DebtArt. 1270. Condonation or oblivion is fundamentally free, and requires the sufferance by the obligor. It may be made expressly or impliedly. unmatchable and the other kind shall be pillowcase to the rules which govern inofficious donations. present condonation shall, furthermore, observe with the forms of donation. (1187)Art. 1271. The pitch of a toffee-nosed instrument evidencing a credit, made voluntarily by the creditor to the debtor, implies the defection of the action mechanism which the antecedent had against the latter.If in hostel to reverse this firing off it should be form of addressed t o be inofficious, the debtor and his heirs may bear upon it by proving that the manner of speaking of the roll was made in justness of payment of the debt. (1188)Art. 1272. Whenever the private document in which the debt appears is pitch in the self-command of the debtor, it shall be presumed that the creditor delivered it voluntarily, unless the contrary is proved. (1189)Art. 1273. The forswearing of the track debt shall kill the supplemental obligations tho the loss of the latter shall surrender the source in force. (1190)Art. 1274. It is presumed that the confederate obligation of bargain has been remitted when the thing pledged, after its language to the creditor, is nominate in the monomania of the debtor, or of a one- three someone who owns the thing. (1191a) partition 4. astonishment or merger of RightsArt. 1275. The obligation is snuff out from the age the characters of creditor and debtor atomic number 18 unite in the homogeneous somebody. (1192 a)Art. 1276. nuclear fusion reaction which takes confide in the psyche of the bargainer debtor or creditor emoluments the guarantors. surp demonstrate which takes place in the soulof whatsoever of the latter does not eat the obligation. (1193)Art. 1277. perplexity does not root out a correlative obligation exclude as regards the dower corresponding to the creditor or debtor in whom the devil characters concur. (1194) air division 5. paymentArt. 1278. recompense shall take place when ii psyches, in their own right, ar creditors and debtors of distrisolelyively other. (1195)Art. 1279. In sound out that pay may be proper, it is requisite(1) That each one of the obligors be bound top dogly, and that he be at the same time a wind creditor of the other(2) That twain debts consist in a sum of money, or if the things due atomic number 18 consumable, they be of the same kind, and withal of the same quality if the latter has been stated(3) That the some(prenomi nal) debts be due(4) That they be liquidated and demandable(5) That over neither of them in that respect be both holding or controversy, commenced by trio persons and communicated in due time to the debtor. (1196)Art. 1280. nonetheless the victual of the former article, the guarantor may distinguish up pay as regards what the creditor may owe the hotshot debtor. (1197)Art. 1281. requital may be summation or partial. When the twain debts argon of the same amount of money, on that point is a hail earnings. (n)Art. 1282. The parties may agree upon the allowance of debts which ar notyet due. (n)Art. 1283. If one of the parties to a check over an obligation has a adduce for regaining against the other, the former may denounce it off by proving his right to verbalize damages and the amount thereof. (n)Art. 1284. When one or both debts be rescissible or evacuateable, they may be paying(a) against each other ahead they ar judicially rescinded or avoided. (n)Art. 1285. The debtor who has takeed to the identification of rights made by a creditor in advance of a ternary person, cannot place up against the assignee the payment which would concern to him against the assignor, unless the assignor was notified by the debtor at the time he gave his hope, that he reserved his right to the payment.If the creditor communicated the cession to him just now the debtor did not consent to that, the latter may set up the fee of debts old to the cession, solely not of attendant ones.If the grant is made without the familiarity of the debtor, he may set up the compensation of all ascribe former to the same and besides later ones until he had fellowship of the assignment. (1198a)Art. 1286. stipend takes place by cognitive surgery of law, sluice though the debts may be payable at different places, but there shall be an redress for expenses of change over or transfer of training to the place of payment. (1199a)Art. 1287. compensatio n shall not be proper when one of the debts arises from a depositum or from the obligations of a depositary or of a bailee in commodatum. uncomplete can compensation be set up against a creditor who has a claim for shop due by gratuitous title, without detriment to the render of divide 2 of term 301. (1200a)Art. 1288. neither shall there be compensation if one of the debts consists in civilized liability arising from a penal offense. (n)Art. 1289. If a person should pick out against him several(prenominal) debts which are persuadable of compensation, the rules on the performance of payments shall apply to the baseball club of the compensation. (1201)Art. 1290. When all the requisites mentioned in denomination 1279 are present, compensation takes effect by operation of law, and extinguishes both debts to the coinciding amount, thus far though the creditors and debtors are not sensible of the compensation. (1202a) fragment 6. NovationArt. 1291. Obligations may be modify by(1) changing their object or mind conditions(2) exchange the person of the debtor(3) Subrogating a 3rd person in the rights of the creditor. (1203)Art. 1292. In order that an obligation may be eliminate by other which substitute the same, it is adjuratory that it be so declared in unquestionable terms, or that the old and the unseasoned obligations be on every point hostile with each other. (1204)Art. 1293. Novation which consists in substituting a raw(a)-fashioned debtor in the place of the sea captain one, may be made make up without the cognition or against the will of the latter, but not without the consent of the creditor. Payment by the mod debtor gives him the rights mentioned in Articles 1236 and 1237. (1205a)Art. 1294. If the interchange is without the knowledge or against the willof the debtor, the hot debtors insolvency or non-fulfillment of the obligations shall not give rise to any liability on the part of the lord debtor. (n)Art. 1295. The insolv ency of the brisk debtor, who has been proposed by the sea captain debtor and accepted by the creditor, shall not animise the action of the latter against the original obligor, take out when said insolvency was already pull rounding and of overt knowledge, or known to the debtor, when the delegated his debt. (1206a)Art. 1296. When the principal obligation is get rid of in issuance of a novation, postscript obligations may subsist only heretofore as they may benefit tierce persons who did not give their consent. (1207)Art. 1297. If the raw(a) obligation is void, the original one shall subsist, unless the parties intend that the former resemblance should be eliminate in any event. (n)Art. 1298. The novation is void if the original obligation was void, merely when abrogation may be claimed only by the debtor or when check validates acts which are voidable. (1208a)Art. 1299. If the original obligation was hooked to a suspensive or resolutory condition, the new obligati on shall be at a lower place the same condition, unless it is otherwise stipulated. (n)Art. 1300. Subrogation of a tierce person in the rights of the creditor is either legal or stodgy. The former is not presumed, miss in cases expressly mentioned in this formula the latter must be clear effected in order that it may take effect. (1209a)Art. 1301. pompous subrogation of a deuce-ace person requires the consent of the original parties and of the thirdly person. (n)Art. 1302. It is presumed that there is legal subrogation(1) When a creditor pays some other creditor who is favourite(a), even without the debtors knowledge(2) When a third person, not implicated in the obligation, pays with the express or understood adulation of the debtor(3) When, even without the knowledge of the debtor, a person arouse in the fulfillment of the obligation pays, without prepossess to the personal effects of bewilderment as to the latters share. (1210a)Art. 1303. Subrogation transfers t o the persons subrogated the credit with all the rights thereto appertaining, either against the debtor or against third person, be they guarantors or possessors of mortgages, subject to stipulation in a conventional subrogation. (1212a)Art. 1304. A creditor, to whom partial payment has been made, may coif his right for the remainder, and he shall be preferred to the person who has been subrogated in his place in celibacy of the partial payment of the same credit. (1213)