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Written Consti 6
Written Consti 6
Written Consti 6
Venue- is the place where a court suit or action must be filed or instituted. (Secs.
1-4, Rule 4, rules of Court)
Domicile- is the palce of a persons habitual residence (Art. 50), the place where
he has his true fixed permanent home and to which place he, whenever he is
absent, has the intention of returning. (17 Am. Jur. 588).
Residence- is only an element of domicile. It simply requires bodily presence as
an inhabitant in a given place.
Ex. Lleina is obliged himself to deliver to Karl a specific car. It was agreed that
the car should be delivered at Karls house. The house of Karl shall be the
place of delivery.
or when the application of payment is made by the party for whose benefit
the term has been constituted, application shall not be made as to debts
which are not yet due.
If the debtor accepts from the creditor a receipt in which an application of
the payment is made, the former cannot complain of the same, unless
there is a cause for invalidating the contract. (1172a)
Application of payments- is the designation of the debt to which should be
applied a payment made by a debtor who owes several debts in favor of the
same creditor. (Art. 1252,par. 1)
It is important to know the rules on application of payments because otherwise,
we may not know which one, of two or more debts, has been extinguished.
Requisites of Application of Payments:
1
a)
b)