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OBLICON > Modes of extinguishment > Flashcards

Modes of extinguishment Flashcards

1
Q

Obligations are extinguished through

A
  1. by payment or performance
  2. by the loss of the thing due
  3. by the condonation or remission of the debt
  4. by the confusion or merger of the rights of creditor and debtor
  5. by compensation
  6. by novation
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2
Q

refers only to the deleivery of money. As a mode of extinguishing an obligation, it has a much wider meaning

A

payment

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3
Q

may consist of not only in the delivery of money but also the giving of a thing (other than money), the doing of an act

A

payment

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4
Q

By law, payment and performance are

A

synonymous

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5
Q

general rule: should be complete in performance

A

payment

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6
Q

exceptions:substantial compliance, acceptance despite incompleteness without objection (estoppel)

A

payment

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7
Q

susbtantial compliance, acceptance despite incompleteness without objection

A

estoppel

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8
Q

is the conveyance of ownership of a thing as an accepted equivalent of performance

A

dation in payment

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9
Q

it is a special form of payment because it is not only payment of money, but also the alienation of property

A

dation in payment

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10
Q

other special forms of payment

A

-payment by cession
-tender of payment and consignation
-application of payments

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11
Q

it is the assignment or abandonment of all the properties of the debtor for the benefit of his creditors in order that the latter may sell and apply the proceeds thereof to the satisfaction of their credits

A

payment by cession

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12
Q

requisites
-there must be two or more creditors
-the debtor must be partially insolvent
-the cession must be accepted by the creditors

A

payment by cession

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13
Q

there is usually only one creditor

A

dation in payment

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14
Q

does not presuppose insolvency of the debtor

A

dation in payment

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15
Q

does not involve all the property of the debtor

A

dation inpayment

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16
Q

creditor becomes the owner of the things given by the debtor

A

dation in payment

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17
Q

is really an act of novation

A

dation in payment

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18
Q

is not an act of novation

A

payment by cession

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19
Q

the creditors only acquire the right to sell the thing and apply the proceeds to their credit proportionately

A

payment by cession

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20
Q

extend to all the property of the debtor subject to execution

A

payment by cession

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21
Q

the debtor is insolvent at the time of the assignment

A

payment by cession

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22
Q

there are sevral creditors

A

payment by cession

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23
Q

act of the debtor of offering to the creditor the thing or amount due

A

tender of payment

24
Q

the debtor must show his possession the thing or money to be delivered at the time of the offer

A

tender of payment

25
Q

all coins and notes issued by the Bangko Sentral ng Pilipinas (BSP) that constitute legal tender for all debts, both public and private

A

legal tender in the Philippines

26
Q

is the act of depositing the thing or amount due with the proper court when the creditor does not desire or cannot receive it, after complying with the formalities required by law

A

consignation

27
Q

it is always judicial and it generally requires prior tender of payment which is by its very nature extrajudicial

A

consignation

28
Q

An obligation which consists in the
delivery of a determinate thing shall be
extinguished if it should be lost or destroyed
without the fault of the debtor, and before he
has incurred in delay.
When by law or stipulation, the obligor is
liable even for fortuitous events, the loss of the
thing does not extinguish the obligation, and
he shall be responsible for damages. The same
rule applies when the nature of the obligation
requires the assumption of risk. (1182a)

A

loss of the thing due

29
Q

In an obligation to deliver a generic
thing, the loss or destruction of anything of the
same kind does not extinguish the obligation.

A

loss of the thing due

30
Q

The courts shall determine whether,
under the circumstances, the partial loss of the
object of the obligation is so important as to
extinguish the obligation.

A

loss of the thing due

31
Q

Whenever the thing is lost in the
possession of the debtor, it shall be
presumed that the loss was due to his fault,
unless there is proof to the contrary, and
without prejudice to the provisions of article
1165. This presumption does not apply in
case of earthquake, flood, storm, or other
natural calamity. (1183a)

A

loss of the thing due

32
Q

essentially gratuitous, and requires the
acceptance by the obligor. It may be made
expressly or impliedly.
One and the other kind shall be subject to the
rules which govern inofficious donations.
Express condonation shall, furthermore,
comply with the forms of donation. (1187)

A

condonation or remission of debt

33
Q

Is the gratuitous abandonment by the
creditor of his right against the debtor

A

condonation/remission

34
Q

Thus, a form of donation.
There must be a proof of “right to
ownership” of the thing to be donated as to
extinguish an obligation.

A

condonation/remission

35
Q

The obligation is extinguished from
the time the characters of creditor and debtor
are merged in the same person.

A

confusion or merger of rights

36
Q

shall take place
when two persons, in their own right, are
creditors and debtors of each other. (

A

compensation

37
Q

may be legal,
voluntary/conventional, &
judicial

A

compensation

38
Q

Obligations may be modified by:
(1) Changing their object or principal
conditions;
(2) Substituting the person of the debtor;
(3) Subrogating a third person in the rights of
the creditor. (1203)

A

novation

39
Q

Is the extinction of an obligation
through the creation of a new one
which substitutes it

A

novation

40
Q

Modification of the obligation by
real novation & personal novation.
(Article 1291)

A

novation

41
Q

Extinguishment of an obligation by creating a new one

A

novation

42
Q

kinds of novation

A
  1. real/objective
  2. personal/subjective
43
Q

change object,
cause/consideration or principal condition

A

real/objective

44
Q

types of personal/subjective novation

A

substitution
subrogation

45
Q

when the person of the debtor
is substituted.

A

substitution

46
Q

types of susbtitution

A

expromision
delegacion

47
Q

(initiative is from 3rd person
or new debtor)

A

expromision

48
Q

(initiative of old debtor)

A

delegacion

49
Q

when a third person is
subrogated in the rights of the creditor

A

subrogation

50
Q

can be express or implied. If
implied, establish incompatibility

A

novation

51
Q

intent to substitute a
new obligation in the place of old one;
must be clearly established before there
can be novation resulting in the
extinguishment of the old obligation
and the creation of a new one.

A

animus novandi

52
Q

oral or written

A

express

53
Q

silent means yes

A

implied

54
Q

5 w’s and 1 h

A

how to pay
where to pay
when to pay
whom to pay
who to pay
what to pay

55
Q

acceptance is made only after the donor’s death because they partake of the nature of a will and thus governed by the rules on succession.

A

mortis cause

56
Q

acceptance takes effect during the lifetime of the donor and the donee

A

inter vivos

OBLICON (4 decks)

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