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BLAW1 Additional Notes Extinguishment
BLAW1 Additional Notes Extinguishment
BLAW1 Additional Notes Extinguishment
Notes
Extinguishment of Obligations
On payment or performance
Subrogation right available to the 3rd person/
payor, not only to demand reimbursement from
the debtor but also to exercise all the rights
which the creditor could have exercised (like
mortgage, guaranty,penalty)
Reimbursement- personal action available to the
3rd person/payor against the debtor to recover
from the latter what he has paid insofar as the
payment has been beneficial to the debtor
On payment or performance
rd
Gratuitous payments- if made by a 3 person
On payment or performance
Payment to Incapacitated persons
- Valid if* (a) the incapacitated kept the amount
or the things paid/delivered
- (b) Insofar as the payment is beneficial to him
Payment to 3rd persons
- Valid* insofar as it redounded to benefit of the
creditor
*only in obligations to give
On payment or performance
Effect of extraordinary inflation or deflation
(unusual fluctuation in the value of the
currency)
- Rule: the value of the currency at the time of
the establishment of the obligation shall be
the basis of payment
- Exception: agreement to the contrary
On application of payment
Time when right is exercised:
- Must be exercised by the debtor at the time
payment is made.
- If the debtor failed, creditor may exercise the
right
On consignation
Movables and immovables are included
Effects:
(a)If creditor accepts the thing deposited, the
obligation is cancelled
(b)If creditor contests the validity of the
consignation, litigation will follow.
Forms of donations
Movables below P5,000- oral or in writing
Movables P5,000 and above- writing
Immovables- public instrument with
acceptance during the lifetime of the donor
Statute of Frauds