Chap 4 - Extinguishment of Obligations Flashcards
(Art. 1231) Obligations are extinguished
- By payment or performance
- By the loss of the thing due
- By the condonation or remission of the debt
- By the confusion or merger of the rights of creditor and debtor
- By compensation
- By novation
Other causes of extinguishment of obligations
- Death of a party in case of a personal obligation
- Mutual desistance or withdrawal of parties
- Arrival of a resolutory period
- Compromise agreements
- Impossibility of fulfillment
- Happening of a fortuitous event
are contracts, whereby the parties undertake reciprocal obligations to resolve their differences thus avoiding litigation, or put an end to one already commenced
Compromise agreements
(Art. 1232) Payment does not mean only the delivery of money but
also the performance, in any other manner, of an obligation
What are the requisites of payment
- Identity of the prestation
- Integrity
(Art. 1233) A debt shall not be understood to have been paid unless the thing or service in which the obligation consists has been?
completely delivered or rendered, as the case may be
(Art. 1234) If the obligation has been substantially performed in good faith, the obligor may?
recover as though there had been a strict and complete fulfillment, less damages suffered by the obligee
(Art. 1235) When the obligee accepts the performance, knowing its incompleteness or irregularity, and without expressing any protest or objection,
the obligation is deemed fully complied with
(Art. 1235) GR: A debt shall not be understood to have been paid unless the thing in service in which the obligation consists has been completely delivered or rendered, as the case may be. Except
- if the obligation has been substantially performed in good faith, the obligor may recover as though there had been a strict and complete fulfillment, less damages suffered by the obligee
- When the obligee accepts the performance, knowing its incompleteness or irregularity, and without expressing any protest or objection, the obligation is deemed fully complied with
(Art. 1236) The creditor is not bound to accept payment or performance by a third person who has no interest in the fulfillment of the obligation unless
there is a stipulation to the contrary
(Art. 1236) Whoevers pays for another may demand from the debtor what he has paid, except that if he
paid without the knwoledge or against the will of the debtor, he can recover only in so far as the payment has been beneficial to the debtor
(Art. 1237) Whoever pays on behalf of the debtor without the knowledge or against the will of latter, cannot
compel the creditor to subrogate him in his rights, such as those arising from a mortgage, guaranty, or penalty.
(Art. 1238) Payment made by a third person who does not intend to be reimbursed by the debtor is deemed to be a donation, which requires the debtor’s consent. But the payments is in any case
valid as to the creditor who has accepted it
(Art. 1239) In obligations to give, payment made by the one who does not have the free disposal of the thing due and capacity to alienate it shall not be valid, without
prejudice to the provisions of Article 1427 inder the Title on “Natural Obligations”
(Art. 1239) GR: Payment by an incapacitated person is not valid, except
Article 1425 of the NCC provides
(Art. 1240) Payment shall be made to the person in whose favor the obligation has been constituted, or his
successor in interest or any person authorized to receive it
(Art. 1241) Payment to a person who is incapacitated to administer the property shall be valid if
he has kept the thing delivered, or insofar as the payment has been beneficial to him
(Art. 1241) Payment made to a third person shall also be valid insofar as it has redounded to the benefit of the creditor. Such benefit to the creditor need not be proved in the following cases:
- If after the payment, the third person acquires the creditor’s rights
- If the creditor ratifies the payment to the third person
- If by the creditor’s conduct, the debtor has been led to believe that the third person had authority to receive the payment
(Art. 1242) Payment made in good faith to any person in possession of the credit shall?
release the debtor
(Art. 1243) Payment made to the creditor by the debtor after the latter has been judicially ordered to retain the debt shall?
it shall not be valid
is a provisional remedy issued upon order of the court where an order is pending to levy upon the property/ies of the defendant therein, the same to be held thereafter by the sheriff as security for the satisfaction of whatever judgment might be secured in said action by the attaching creditor against the defendant
Preliminary attachment
It is the one that is issued to enforce a judgment that has already become final and executory
Final attachment
It is an order granted at any stage of an action or proceeding prior to the judgment or final order, requiring a party or a court, agency or a person to refrain from a particular act or acts
Preliminary injunction
It is one included in the judgment as the relief or part of the relief granted as a result of the action
Final injunction