CH.4 SEC.3 CONDONATION OR REMISSION OF THE DEBT Flashcards
When the thing is lost due to the fault of a third person, the debtor is released from the obligation, and the creditor shall have all the rights which the debtor may have against the third person who had caused the loss. (Art. 1269)
“Art. 1270. Condonation or remission is essentially gratuitous, and requires the acceptance by the obligor. It may be made expressly or impliedly.
One and the other kinds shall be subject to the rules which govern inofficious donations. Express condonation shall, furthermore, comply with the forms of donation.”
What is condonation?
Condonation or remission is the gratuitous abandonment by the creditor of his right against the debtor. Thus, condonation is a form of donation.
What are the requisites for condonation or remission?
“The requisites for condonation or remissio are:
(1) It must be gratuitous;
(2) It must be accepted by the obligor;
(3) The parties must have capacity;
(4) It must not be inofficious; and
(5) If made expressly, it must comply with the forms of donations.”
What are the two kinds of remission as to extent?
“The two kinds of remission as to extent are: (a) Complete; or (b) Partial.
Complete - when it covers the entire obligation;
Partial - when it does not cover the entire obligation.”
What are the two kinds of remission as to form?
“The two kinds of remission as to form are: (a) Express; or (b) Implied.
Express - when it is made either verbally or in writing; or
Implied - when it can only be inferred from conduct. “
What are the kinds of remission as to effectivity?
“The two kinds of remission as to effectivity are: (a) Inter vivos; or (b) Mortis causa.
Inter vivos - when it will take effect during the lifetime of the donor;
Mortis causa - when it will become effective upon the death of the donor. It must comply with the formalities of a will.”
What is an inofficous donation?
An inofficious donation is a donation which is more than which the donor can give by will (De Leon, 2021 ed., p. 236)
What is the effect of an inofficious donation?
The effect of an inofficious donation is that it shall be subject to reduction by the courts.
“Art. 1271. The delivery of a […], made[…] by the creditor to the debtor, implies the renunciation of the action which the former had against the latter.
If in order to nullify this waiver it should be claimed to be […], the debtor and his heirs may uphold it by proving that the delivery of the document was made in virtue of payment of the debt.”
“Art. 1271. The delivery of a private document evidencing a credit, made voluntarily by the creditor to the debtor, implies the renunciation of the action which the former had against the latter.
If in order to nullify this waiver it should be claimed to be inofficious, the debtor and his heirs may uphold it by proving that the delivery of the document was made in virtue of payment of the debt.”
Art. 1272. Whenver the private document in which the debt appears is found in the possession of the debtor, it shall be presumed that […].
Art. 1272. Whenver the private document in which the debt appears is found in the possession of the debtor, it shall be presumed that the creditor delivered it voluntarily, unless the contrary is proved.
Art. 1273. The renunciation of the principal debt shall extinguish […]; but the waiver of the latter shall leave the former in force.
Art. 1273. The renunciation of the principal debt shall extinguish the accessory obligations; but the waiver of the latter shall leave the former in force.
Art. 1274. It is presumed that the accessory obligation of pledge has been remitted when the thing pledged, […], is found in […], or of a third person […].
Art. 1274. It is presumed that the accessory obligation of pledge has been remitted when the thing pledged, after its delivery to the creditor, is found in the possession of the debtor, or of a third person who owns the thing.
