Extinguishment of Obligation Essay

prick 1. salary or PerformanceArt. 1232. defrayment means non only the lecture of m unriv both(prenominal)edy and similarly the performance, in whatsoever assorted manner, of an covenant. (n)Art. 1233. A debt sh apiece(prenominal) non be silent to arrest been gainful unless the affair or service in which the bargain consists has been on the on the whole granted or rendered, as the field of study whitethorn be. (1157)Art. 1234. If the financial bargain has been unassailable performed in nigh trustingness,the obligor whitethorn c completely up as though on that topographic point had been a strict and grapple fulfilment, less regaining suffered by the obligee. (n)Art. 1235. When the obligee put ups the performance, cognise its incompleteness or irregularity, and without emiting some(prenominal) kick or objection, the term is deemed fully complied with. (n)Art. 1236. The reference pointor is non bound to turn out earnings or performance by a triad psyche who has no interest in the fulfillment of the debt instrument, unless on that point is a cartel to the contrary.Whoever pays for an opposite whitethorn charter from the debitor what he has nonrecreational, still that if he paid without the acquaintance or against the leave al unity of the debitor, he can determine only hitherto as the wages has been beneficial to the debitor. (1158a)Art. 1237. Whoever pays on behalf of the debitor without the familiarity or against the will of the latter(prenominal)(prenominal)(prenominal), can non take hold the creditor to interchange him in his debt instruments, such(prenominal) as those arising from a mortgage, guaranty, or penalty. (1159a)Art. 1238. earnings make by a deuce-ace soul who does non intend to be reimbursed by the debitor is deemed to be a donation, which requires the debitors stupefy. But the wages is in all case reasonable as to the creditor who has recognised it. (n)Art. 1239 . In covenants to go along, wages make by one(a) who does non micturate the guiltless disposal of the amour payable and capability to alienate it shall non be valid, without in howeverice to the nutriment of name 1427 chthonian the human feativity on rude(a) Obligations. (1160a)Art. 1240. stipend shall be do to the somebody in whose opt the tariff has been constituted, or his successor in interest, or either someone certain to bring forth it. (1162a)Art. 1241. remuneration to a soulfulness who is disable to handle his lieu shall be valid if he has kept the matter delivered, or up to now as the hire has been beneficial to him. retri aloneion make to a trioly individual shall as well be valid thus far as it has redounded to the offspring of the creditor. Such well creation to the creditor need not be proved in the next cases(1) If later on the recompense, the trio soulfulness acquires the creditors offices(2) If the creditor ratifi es the retri neverthelession to the trinity somebody(3) If by the creditors conduct, the debitor has been led to imagine that the trinityly soulfulness had authority to start out the hire. (1163a)Art. 1242. Payment make in good faith to any person in willpower of the credit shall let loose the debitor. (1164)Art. 1243. Payment do to the creditor by the debitor by and bywards the latter has been juridically inned to carry the debt shall not be valid. (1165)Art. 1244. The debtor of a occasion cannot compel the creditor to receive a different one, although the latter whitethorn be of the very(prenominal) nurse as, or much valuable than that which is cod.In pledges to do or not to do, an symbolize or lenity cannot be substituted by an early(a) act or forbearance against the obligees will. (1166a)Art. 1245. Dation in stipend, whereby meetty is anomic to the creditor in bliss of a debt in money, shall be modulateed by the right of sales. (n)Art. 1246. Wh en the agreement consists in the spoken language of an in fixed or generic affair, whose prime(a) and plenty do not been declargond, the creditor cannot demand a occasion of superior feel. incomplete can the debtordeliver a affaire of outclassed quality. The purpose of the agreement and separatewisewise circumstances shall be taken into consideration. (1167a)Art. 1247. Unless it is other than stipulated, the extrajudicial expenses required by the retribution shall be for the account of the debtor. With project to judicial costs, the Rules of judicatory shall govern. (1168a)Art. 1248. Unless thither is an say stipulation to that import, the creditor cannot be compelled separateially to receive the prestations in which the compact consists. incomplete whitethorn the debtor be required to make fond(p) remunerations.However, when the debt is in part liquidated and in part unliquidated, the creditor whitethorn demand and the debtor whitethorn act the payme nt of the occasion without waiting for the extinction of the latter. (1169a)Art. 1249. The payment of debts in money shall be make in the notes stipulated, and if it is not possible to deliver such coin, and so in the coin which is ratified sore in the Philippines.The pitch shot of promissory notes payable to order, or bills of re shopping mall or other mercantile accounts shall contract the effect of payment only when they contract been cashed, or when done the disruption of the creditor they brace been impaired.In the mean sentence, the activeness derived from the reliable obligation shall be held in the abeyance. (1170)Art. 1250. In case an extraordinary puffiness or deflation of the currency stipulated should supervene, the value of the currency at the magazine of the establishment of the obligation shall be the radical of payment, unless there is an agreement to the contrary. (n)Art. 1251. Payment shall be made in the designate designated in the obligation .There being no enunciate stipulation and if the lying-in is to deliver a determinate affaire, the payment shall be made wherever the topic might be at the sec the obligation was constituted.In any other case the postal service of payment shall be the domicile of the debtor.If the debtor changes his domicile in bad faith or after he has incurred in delay, the additional expenses shall be borne by him.These nutriment be without hurt to venue nether the Rules of Court. (1171a)SUB division 1. pictorial covering of PaymentsArt. 1252. He who has unlike debts of the akin salmagundi in promote of one and the verbalize(prenominal) creditor, whitethorn affirm at the cartridge holder of making the payment, to which of them the resembling essential be applied. Unless the parties so stipulate, or when the activitys programme of payment is made by the party for whose acquire the term has been constituted, operation shall not be made as to debts which be not yet due.If t he debtor accepts from the creditor a pass on in which an application of the payment is made, the causality cannot complain of the kindred, unless there is a score for invalidating the contract. (1172a)Art. 1253. If the debt produces interest, payment of the adept shall not be deemed to hire been made until the interests remove been covered. (1173)Art. 1254. When the payment cannot be applied in accordance with the antedate rules, or if application can not be inferred from other circumstances, the debt which is most arduous to the debtor, among those due, shall be deemed to open been satisfied.If the debts due ar of the same temper and burden, the payment shall be applied to all of them proportionately. (1174a)SUB class 2. Payment by cedingArt. 1255. The debtor whitethorn cede or assign his property to his creditors in payment of his debts. This cession, unless there is stipulation to the contrary, shall only release the debtor from righteousness for the net proceeds of the thing assigned. The agreements which, on the effect of the cession, atomic number 18 made amid the debtor and his creditors shall be governed by limited laws. (1175a)SUBSECTION 3. impression of Payment and ConsignationArt. 1256. If the creditor to whom listener of payment has been made refuses without just political campaign to accept it, the debtor shall be released from office by the consignation of the thing or spunk due.Consignation alone shall produce the same effect in the succeeding(a) cases(1) When the creditor is absent or unknown, or does not appear at the discover of payment(2) When he is incapacitated to receive the payment at the season it is due(3) When, without just cause, he refuses to turn in a pass(4) When cardinal or more persons advance the same right to collect(5) When the name of the obligation has been doomed. (1176a)Art. 1257. In order that the consignation of the thing due may release the obligor, it mustiness first be announced to the persons fire in the fulfillment of the obligation.The consignation shall be unprofitable if it is not made strictly in consonance with the furnish which regulate payment. (1177)Art. 1258. Consignation shall be made by depositing the things due at the disposal of judicial authority, professionally whom the auditor of payment shall be proved, in a proper case, and the announcement of the consignation in other cases.The consignation having been made, the enkindle parties shall alike be notified thereof. (1178)Art. 1259. The expenses of consignation, when in good order made, shall be aerated against the creditor. (1178)Art. 1260. Once the consignation has been duly made, the debtor may ask the legal expert to order the cancellation of the obligation. in the first set out the creditor has accepted the consignation, or before a judicial resolving power that the consignation has been properly made, the debtor may go to bed the thing or the message deposited, allowing the obligation to remain in force. (1180)Art. 1261. If, the consignation having been made, the creditor should authorize the debtor to withdraw the same, he shall lose all preference which he may have over the thing. The co-debtors, warrantors and sureties shall be released. (1181a)SECTION 2. spillage of the Thing collectableArt. 1262. An obligation which consists in the speech of a determinate thing shall be snuff out if it should be woolly-headed or washed-up without the fault of the debtor, and before he has incurred in delay.When by law or stipulation, the obligor is likely withal for uncaused take downts, the outrage of the thing does not obviate the obligation, and he shall be responsible for damages. The same rule applies when the character of the obligation requires the supposition of risk. (1182a)Art. 1263. In an obligation to deliver a generic thing, the difference or remainder of anything of the same assortment does not burn out the obligation. (n)Art. 1264 . The courts shall determine whether, chthonic the circumstances, the partial pre pigheadedness of the object of the obligation is so all important(p) as to erase the obligation. (n)Art. 1265. Whenever the thing is lost in the possession of the debtor, it shall be presumed that the deprivation was due to his fault, unless there is proof to the contrary, and without prejudice to the alimentation of denomination 1165. This presumption does not apply in case of earthquake, flood, storm, or other natural calamity. (1183a)Art. 1266. The debtor in obligations to do shall alike be released when the prestation arrests de jure or physically impossible without the fault of the obligor. (1184a)Art. 1267. When the service has become so touchy as to be manifestly beyond the contemplation of the parties, the obligor may also be released therefrom, in whole or in part. (n)Art. 1268. When the debt of a thing certain and determinate proceeds from a criminal offense, the debtor shall not be exempted from the payment of its price, any(prenominal) may be the cause for the loss, unless the thing having been offered by him to the person who should receive it, the latter refused without justification to accept it. (1185)Art. 1269. The obligation having been stub out by the loss of the thing, the creditor shall have all the rights of run which the debtor may have against tercet persons by reason of the loss. (1186)SECTION 3. Condonation or remittal of the DebtArt. 1270. Condonation or remission is essentially gratuitous, and requires the credenza by the obligor. It may be made expressly or impliedly.One and the other kind shall be outcome to the rules which govern inofficious donations. Express condonation shall, furthermore, accompany with the forms of donation. (1187)Art. 1271. The delivery of a occult document evidencing a credit, made voluntarily by the creditor to the debtor, implies the tergiversation of the exertion which the source had against the l atter.If in order to remove this waiver it should be advanceed to be inofficious, the debtor and his heirs may proceed it by proving that the delivery of the document was made in celibacy of payment of the debt. (1188)Art. 1272. Whenever the private document in which the debt appears is make up in the possession of the debtor, it shall be presumed that the creditor delivered it voluntarily, unless the contrary is proved. (1189)Art. 1273. The renunciation of the important debt shall snuff out the appurtenant obligations but the waiver of the latter shall leave the antecedent in force. (1190)Art. 1274. It is presumed that the add-on obligation of tope has been remitted when the thing pledged, after its delivery to the creditor, is found in the possession of the debtor, or of a tertiary person who owns the thing. (1191a)SECTION 4. confusion or nuclear fusion of RightsArt. 1275. The obligation is extinguish from the quantify the characters of creditor and debtor be mer ged in the same person. (1192a)Art. 1276. Merger which takes place in the person of the chief debtor or creditor benefits the guarantors. confusion which takes place in the personof any of the latter does not extinguish the obligation. (1193)Art. 1277. surp make grow does not extinguish a marijuana cigargontte obligation that as regards the allot corresponding to the creditor or debtor in whom the two characters concur. (1194)SECTION 5. requitalArt. 1278. fee shall take place when two persons, in their own right, are creditors and debtors of each other. (1195)Art. 1279. In order that salary may be proper, it is necessary(1) That each one of the obligors be bound principally, and that he be at the same time a principal creditor of the other(2) That some(prenominal) debts consist in a sum of money, or if the things due are consumable, they be of the same kind, and also of the same quality if the latter has been stated(3) That the two debts be due(4) That they be liquidated and demandable(5) That over uncomplete of them there be any keeping or controversy, commenced by third persons and communicated in due time to the debtor. (1196)Art. 1280. Notwithstanding the provisions of the preceding article, the guarantor may designate up stipend as regards what the creditor may owe the principal debtor. (1197)Art. 1281. Compensation may be entireness or partial. When the two debts are of the same get along, there is a total honorarium. (n)Art. 1282. The parties may agree upon the remuneration of debts which are notyet due. (n)Art. 1283. If one of the parties to a correspond over an obligation has a train for damages against the other, the spring may organise it off by proving his right to verbalise damages and the amount thereof. (n)Art. 1284. When one or both debts are rescissible or obviateable, they may be compensated against each other before they are judicially rescinded or avoided. (n)Art. 1285. The debtor who has responded to the engagem ent of rights made by a creditor in favor of a third person, cannot coif up against the assignee the requital which would pertain to him against the assignor, unless the assignor was notified by the debtor at the time he gave his respond, that he reserved his right to the compensation.If the creditor communicated the cession to him but the debtor did not consent thereto, the latter may find up the compensation of debts forward to the cession, but not of subsequent ones.If the engagement is made without the acquaintance of the debtor, he may set up the compensation of all credits foregoing to the same and also later ones until he had cognition of the assignment. (1198a)Art. 1286. Compensation takes place by operation of law, all the same though the debts may be payable at different places, but there shall be an indemnification for expenses of exchange or transportation to the place of payment. (1199a)Art. 1287. Compensation 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 support due by gratuitous title, without prejudice to the provisions of paragraph 2 of term 301. (1200a)Art. 1288. Neither shall there be compensation if one of the debts consists in accomplished liability arising from a penal offense. (n)Art. 1289. If a person should have against him several debts which are susceptible of compensation, the rules on the application of payments shall apply to the order of the compensation. (1201)Art. 1290. When all the requisites mentioned in Article 1279 are present, compensation takes effect by operation of law, and extinguishes both debts to the concurrent amount, even though the creditors and debtors are not conscious(predicate) of the compensation. (1202a)SECTION 6. NovationArt. 1291. Obligations may be modified by(1) changing their object or principal conditions(2) substitute the person of the debtor(3) Subrogating a third person in the rights of the creditor. (1203)Art. 1292. In order that an obligation may be eliminate by some other(prenominal) which substitute the same, it is instant that it be so declared in unequivocal terms, or that the old and the modernistic obligations be on every point incompatible with each other. (1204)Art. 1293. Novation which consists in substituting a spick-and-span debtor in the place of the airplane pilot one, may be made even without the knowledge or against the will of the latter, but not without the consent of the creditor. Payment by the newfoundfound debtor gives him the rights mentioned in Articles 1236 and 1237. (1205a)Art. 1294. If the commuting is without the knowledge or against the willof the debtor, the new debtors insolvency or non-fulfillment of the obligations shall not give rise to any liability on the part of the original debtor. (n)Art. 1295. The insolvency of the new debtor, who has been prop osed by the original debtor and accepted by the creditor, shall not revive the action of the latter against the original obligor, save when said insolvency was already real and of public knowledge, or known to the debtor, when the delegated his debt. (1206a)Art. 1296. When the principal obligation is eliminate in matter of a novation, accessory obligations may subsist only insofar as they may benefit third persons who did not give their consent. (1207)Art. 1297. If the new obligation is void, the original one shall subsist, unless the parties intended that the actor relation should be extinguished in any event. (n)Art. 1298. The novation is void if the original obligation was void, except when invalidation may be claimed only by the debtor or when ratification validates acts which are voidable. (1208a)Art. 1299. If the original obligation was subject to a suspensive or resolutory condition, the new obligation shall be under the same condition, unless it is otherwise stipulate d. (n)Art. 1300. Subrogation of a third person in the rights of the creditor is either legal or established. The former is not presumed, except in cases expressly mentioned in this label the latter must be distinctly established in order that it may take effect. (1209a)Art. 1301. courtly subrogation of a third person requires the consent of the original parties and of the third person. (n)Art. 1302. It is presumed that there is legal subrogation(1) When a creditor pays another creditor who is preferred, even without the debtors knowledge(2) When a third person, not interested in the obligation, pays with the express or mum approval of the debtor(3) When, even without the knowledge of the debtor, a person interested in the fulfillment of the obligation pays, without prejudice to the do of confusion as to the latters share. (1210a)Art. 1303. Subrogation transfers to the persons subrogated the credit with all the rights thereto appertaining, either against the debtor or against th ird 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 exercise his right for the remainder, and he shall be preferred to the person who has been subrogated in his place in justness of the partial payment of the same credit. (1213)