Remission Flashcards
Define condonation or remission
an act of liberality by virtue of which the
obligee, without receiving any price or equivalent, renounces the enforcement of the obligation, as a result of which it is extinguished in its entirety or in that part or aspect of the same to which the remission refers. (8 Manresa, 5th Ed., Bk. 1, p. 673.) In the terse language of Sanchez Roman, it is the gratuitous abandonment by the creditor of his right. (4 Sanchez Roman 422.)
What requisites must concur in order that an obligation shall be extinguished by remission?
the following requisites must concur:
1st, it must be gratuitous;
2nd, it must be accepted by the obligor; and 3rd, the obligation must be demandable.
What are the different kinds of remission as to forms?
remission may be express or implied. It is
express when it is made in accordance with the formalities prescribed by law for donations; it is implied when, although it is not made in accordance with the formalities prescribed by law for donations, it can be deduced from the acts of the obligee or creditor. (3 Manresa,
5th Ed., Bk. l s pp. 675-676.)
What are the different kinds of remission as to extent?
remission may be total or partial. It is total
when the entire obligation is extinguished; it is partial when it refers only to the principal or to the accessory obligation or to an aspect thereof which affects the debtor, as for instance solidarity.
What are the different kinds of remission as to constitution?
remission may be inter vivos or mortis
causa, The first refers to that which is constituted by agreement of the obligee and the obligor, in which case it partakes of the nature of a donation inter vivos (See. Art. 725, et. seq., NCC.); the second,
on the other hand, refers to that which is constituted by last will and testament, in which case it partakes of the nature of a donation mortis causa. (See Arts. 935, 936, 937, NCC.)
In express remission of obligations, what are the formalities which must be complied with in order that the remission or condonation shall be valid it it is personal or movable property?
If it is personal or movable property, the formalities prescribed in Art. 748 for donations of personal or movable property must be complied with.
It may may be made orally or in writing.
An oral donation requires the simultaneous delivery of the thing or of the document representing the right donated. If the value of the personal property donated exceeds five thousand pesos, the donation and the acceptance shall be made in writing.
In express remission of obligations, what are the formalities which must be complied with in order that the remission or condonation shall be valid if it is a real or immovable property?
those prescribed in Art. 749 must be complied with. It must be made in a public document. The acceptance may be made in the same deed of donation or in a separate public document, but it shall not take effect unless it is done during the lifetime of the donor.
In express remission of obligations, what are the formalities which must be complied with in order that the remission or condonation shall be valid if it is to do or not to do?
authorities sustain the view that the
less solemn formalities prescribed in Art. 748 for donations of personal or movable property must be complied with. (Art. 1270, NCC; 8 Manresa, 5th Ed., Bk. 1, p. 680.)
