Extinguisgment of Obligation Flashcards
(Article 1262)
An obligation to deliver a specific thing is extinguished if the thing is lost or destroyed without the debtor’s fault, and before the debtor incurs delay.
John promises to deliver a specific painting, but it is destroyed by fire before the delivery. Since John wasn’t at fault, the obligation is extinguished.
(Article 1263)
If the thing is generic (i.e., described by its kind), the loss or destruction does not extinguish the obligation unless it’s impossible to replace.
Anna promises to deliver 100 sacks of rice. Even if one supplier runs out, the obligation stands because she can still buy rice from other sources.
(Article 1264)
If only part of the specific thing is lost, the creditor can choose whether to receive the remaining part with a proportional reduction in the price.
Ben agrees to sell a rare book collection, but one volume is damaged by water. The buyer can either cancel the deal or accept the rest at a reduced price.
(Article 1265)
If the loss of the thing occurs through the fault of the debtor, the debtor is still liable for damages.
Claire was supposed to deliver a car but damaged it by reckless driving. She remains liable to either provide another car or compensate the buyer.
(Article 1266)
An obligation to do something is extinguished if the performance becomes legally or physically impossible without fault from the debtor.
Mark agrees to perform at a concert, but the government bans public events. His obligation is extinguished due to legal impossibility.
(Article 1267)
If the service becomes so difficult as to be manifestly beyond the debtor’s ability, the obligation may be extinguished.
Emma agrees to build a bridge, but a sudden natural disaster causes massive additional costs, making the task practically impossible for her small firm.
Article 1268
Key Point: If the object of the obligation is lost while in the possession of the debtor, the burden of proof is on the debtor to show that there was no fault on his part.
Example: Paul was storing furniture for a friend, but termites destroyed it. He must prove he took all reasonable care to avoid liability.
Article 1269
Key Point: The obligation to deliver a specific thing is also extinguished if it is lost while in transit and the creditor assumed the risk.
Example: A package is destroyed during shipping, but the buyer agreed to bear the shipping risks. The seller’s obligation is extinguished.
Article 1270
Key Point: Condonation or remission (forgiveness) of debt must be proven clearly, either in writing or implied by conduct.
Example: Sarah owes Leo money. Leo tells Sarah in writing that he no longer expects repayment. The debt is extinguished by remission.
Article 1271
Key Point: Delivery of the document evidencing a debt implies remission, unless there’s evidence to the contrary.
Example: Alex gives Jane the signed promissory note she issued for a loan. This implies Alex has forgiven the debt.
Article 1272
Key Point: If the creditor voluntarily destroys the document of indebtedness, it’s presumed that the debt is condoned.
Example: Mary tears up the contract that shows Adam’s debt. This act signifies remission of the debt.
Article 1273
Key Point: Remission of the principal debt also extinguishes any accessory obligations (e.g., interest).
Example: If Bob’s loan of ₱10,000 is condoned, any unpaid interest on the loan is also waived.
Article 1274
Key Point: Remission may be revoked if made under duress or mistake.
Example: A creditor forgives a debt thinking the debtor is terminally ill, only to discover the debtor lied. The remission may be revoked.
Article 1275
Key Point: When the qualities of creditor and debtor merge in one person, the obligation is extinguished.
Example: If Maria inherits both her own debt and the corresponding credit, the obligation is extinguished.
1276
Key Point: Confusion doesn’t extinguish the obligation if the debtor has solidary co-debtors.
Example: John owes money jointly with Peter. If John becomes the creditor of the debt, Peter’s share of the obligation still exists.
