Chapter 4: Extinguishment of Obligations (Section 1) Flashcards
It may consist of not only in the delivery of money but also the giving of a thing, the doing of an act, or not doing of an act
Payment
When the important or essential part of the contract has been performed and only small or minor part thereof has not been carried out
Substantial Performance
The person who pays for the debtor is put into the shoes of the creditor
Subrogation
The third person entitled by reason of payment has merely the bare right to be refunded
Reimbursement
It means that the thing to be delivered must not be subject to any claim or lien or encumbrance of a third person
Free disposal of the thing due
It means that the person is not incapacitated to enter into contracts and for that matter, to make a disposition of the thing due
Capacity to alienate
It is the conveyance of ownership of a thing as an accepted equivalent of performance
Dation in Payment
These are the statutory amounts allowed party to an action for his expenses incurred in the action.
Judicial Costs
Is that currency which if offered by the debtor in the right amount, the creditor must accept in payment of a debt in money
Legal Tender
It is a sharp sudden increase of money or credit or both without a corresponding increase in business transactions
Inflation
It is the reduction in volume and circulation of the available money or credit, resulting in a decline of the general prove level
Deflation
It is the place where a court suit or action must be filed or instituted
Venue
It is the place of a person’s habitual residence; the place where he has his true permanent home and to which place he, whenever he is absent, has the intention of returning.
Domicile
It is an element of domicile. Requires bodily presence as an inhabitant in a given place.
Residence
It is the designation of the debt to which should be applied the payment made by a debtor who has various debts of the same kind in favor of one and the same creditor
Application of Payments