Chapter 4 - Section 5 - Compensation Flashcards
Extinguishment to the concurrent amount of the debts - creditors and debtors of each other.
Compensation
(Compensation) Requisites:
Principal Creditor and Principal Debtor of each other
Consist in a sum of money, or if the things due are consumable, they be of the same kind, and same quality
Two debts be due
Liquidated and demandable
No retention or controversy by third person
Two debts are of the same amount.
Total Compensation
Debts are of different amounts
Partial Compensation
Are valid until they are judicially rescinded or avoided. Prior or annulment the debts may be compensated against each other.
RESCISSIBLE AND VOIDABLE OBLIGATIONS
The conversion of an amount of money or currency of one country into an equivalent amount of money or currency of another.
Foreign Exchange
The price of one currency expressed in relation to another currency.
Exchange Rate
A deposit is constituted from the moment a person receives a thing belonging to another with the obligation of safely keeping it and of returning the same.
Depositum
A gratuitous contract whereby one of the parties delivers to another something not consumable so that the latter may use the same for a certain time and return it.
Commodatum
“support” comprises everything that is indispensable for sustenance in keeping with the financial capacity of the family.
Claim for support due by gratuitous title
“If one of the debts consists in civil liability arising from a criminal offense, compensation would be improper and inadvisable because the satisfaction of such obligation is imperative”
Civil liability arising from a penal offense