Chapter 4 Section 3 CONDONATION OR REMISSION

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Art.

1270 Meaning of
condonation or remission
1. Gratuitous abandonment
of creditor’s right against the
debtor.
2. Comply with the form of
donation.
3. Accepted by the debtor.
4. Not inofficious.
Ex. Creditor has no other
properties left.
Art. 1271 Delivery of document
evidencing the credit
1. Debt is presumed
renounce.
2. Disputable presumption.
3. Debtor or his heirs can
prove that delivery of
document was due to
payment. Ex. when heirs of
creditor questioned the
donation.
Art. 1272 Debtor possesses
the document evidencing the
credit
1. Presumed voluntarily
given to him. (disputable)
2. If no payment, presumed
condone or remitted.
Art. 1273 Effect of renunciation
of principal debt on the
accessory obligation.
1. Accessory obligation is
extinguished. Ex. Real estate
mortgage.
2. Renunciation of the
accessory obligation
(mortgage) does not
automatically extinguish
principal debt. Ex. return of
jewelry pledge.
]Art. 1274 Presumption in case
thing pledged is found in
possession of debtor.
1. Accessory obligation is
remitted.
Principal debt is not
2.

automatically extinguished.

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