Extinction of Obligations - Liberative Prescription Flashcards
When is performance extinguish an obligation?
Proper performance - fulfilling the obligation as specified,
or if performance is impossible,
Both extinguish
Does novation extinguish an obligation
yes, either objective or subjective, Kill old contract, start another
Remission of debt
Where creditor forgives the debt. Acceptance is presumed
Compensation?
Cancelling of two reciprocal debts. Can be partial.
Confusionn?
When the Or and Oee become the same, like if companies merge
Must partial performance be accepted?
No, it can be refused
What is the default play of performance?
place of Or
Who pays for expenses for the performance?
The Or
What is an imputation of a payment
Imputation of payments arise when a debtor who has more than one debt pays money but do not specify to the creditor to which debt it has to be allocated or adjusted.
Is Oee’s consent required to impute payment?
Yes
Tender and deposit rules.
If Oee refuses to accept payment of delivery of thing without justification, Or may proceed with tender and deposit of performance. Must give notice of tender
What happens if performance becomes impossible bc of a fortuitous event?
Obligation is extinguished. if it was one that could not be reasonably foreseen
Exceptions to that rule?
Or assumed risk
Or put in default
Or was in fault prior
What is novation?
Extinguishment of an existing obligation by the substitution of a new one
Is novation presumed?
No
What if original obligation was null?
If absolutely null, novation always ineffective
If relatively null, novation ineffective if Or was unaware of defect, if not then valid
Is Novation presumed?
No. Must be made by agreement with intent to novate
Is subjective notion the same as assumption of original obligor?
Nooo because in assumption the original obligor is not released.
Delegation of performance can be perfect or imperfect. What does that mean?
Perfect means subjective novation. Imperfect means assumption of obligation.
What is remission?
Where the Oee extinguishes (remits) the Or. it is a gratuitous
Must remission be explicit?
No it can be tacit.
Is acceptance of remission presumed?
Yes, by silence of debtor
Does remission have a mandatory form?
No.
What is compensation?
Mutual extinguishment of two reciprocal obligations
What kinds of compensation are there?
Legal, two persons owe sums or quantities of fungible things identical in kind
Liquidated, existence and amount determined
Reciprocal, obligations extinguished
Parties can agree.
Is conventional compensation available if legal is not?
Yes
What is confusion?
When the qualities of Or and Oee are united into the same person, then obligation is extinguished by confusion
Is confusion irrevocable?
Yes
Can servitudes and mortgages be extinguished by confusion?
Yes
What is prescription?
A period of time within legal action must be brought, otherwise action is barred.
What kinds of prescription are there?
Liberative - mode of barring action as result of inaction for a period of time
Non-use - loss of real right other than ownership as a result of failure to exercise right over a period of time
Acquisitive prescription
Do courts automatically raise prescription?
No
What are some common prescription periods?
1 or 2 years for torts
10 years from contracts and other obligations
3 years for money lent
How do you calculate a prescriptive period?
The day that marks the commencement is not counted. The last day of the prescriptive period is the anniversary of the day of commencement. If legal holiday then next day.
How can prescription be interrupted?
By natural loss, legal (filing suit), or acknowledgement
Can peremption be raised by the courts?
Yes
Can per
