What are the requisites in the application of Article 1235?
All requisites of a valid waiver are present: (1) the right to demand further compliance exists; (2) the person waiving the right has the capacity to do so (otherwise, he could not have entered into a contract in the first place); (3) the waiver, although not express, is clear, and; (4) the waiver is not contrary to …
What are the requisites of condonation or remission?
1270, for condonation or remission to be valid, the following requisites must concur: the existence of a demandable debt, renunciation of the debt is purely gratuitous, acceptance of the condonation or remission by the debtor, formalities required by law on donation must be complied with, what has been condoned or …
What is the definition of an obligation under Article 1156 of the New Civil Code of the Philippines *?
Article 1156. An obligation is a juridical necessity to give, to do or not to do. Discussion of the Law. An obligation is a legal duty, however created, the violation of which may become. the basis of an action of law.
What are the six requisites of a valid consignation?
Toyota Bel-Air, Inc.,17 the Court enumerated the requisites of a valid consignation: (1) a debt due; (2) the creditor to whom tender of payment was made refused without just cause to accept the payment, or the creditor was absent, unknown or incapacitated, or several persons claimed the same right to collect, or the …
What are the grounds for extinguishment of obligations?
Obligations are extinguished: (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.
What are the two types of condonation as to date of effectivity?
Kinds of condonation or remission
- Implied condonation. It can be inferred from the acts or conduct of the parties.
- Inter vivos. Effective during the lifetime of the creditor.
- Mortis causa. Effective upon the death of the creditor.
- Total or complete. When it extinguishes the entire obligation.
What is the example of remission of debt?
Example: A is indebted to B in the amount of ₱500 which is evidenced by a promissory note. B returns the promissory note to A. Its voluntary return by B to A is an implied renunciation (remission) of A’s debt.
What is Article 1156 all about?
Art. 1156. An obligation is a juridical necessity to give, to do or not to do. Obligation – The requirement to do what is imposed by law, promise, or contract.
What are the 4 essential requisites of an obligation?
Every obligation has four essential elements: an active subject; a passive subject; the prestation; and the legal tie. The ACTIVE SUBJECT is the person who has the right or power to demand the performance or payment of the obligation. He is also called the obligee or the creditor.
What are the elements of consignation?
The requisites of consignation are as follows:
- The existence of a valid debt.
- Valid prior tender, unless tender is excuse [sic];
- Prior notice of consignation (before deposit)
- Actual consignation (deposit);
- Subsequent notice of consignation;
What are the 6 causes of extinguishment of obligation?
This Article enumerates only six (6) of the many ways by which an obligation may be extinguished: payment or performance; loss; condonation or remission; confusions; compensation, and; novation.
What is condonation Oblicon?
CONDONATION OR REMISSION IS 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.
What does condonation mean?
Definition of condonation : implied pardon of an offense by treating the offender as if it had not been committed.
What does remission mean in court?
Definition & Citations: In the civil law. A release of a debt It is conventional, when it is expressly granted to the debtor by a creditor having a capacity to alienate; or tacit, when the creditor voluntarily surrenders to his debtor the original title, under private signature constituting the obligation.
What is Article 1157 all about?
The obligation of both husband and wife to support their family. CONTRACTS– When the both parties arise from stipulation. Example; A borrowed money from B, B has the obligation to repay by virtue of agreement.
What is Article 1162 all about?
Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called a quasi-delict and is governed by the provisions of this Chapter. ( 1902a)