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# Obligations 17: Confusion or Merger (Extinguishment)
# https://www.youtube.com/watch/WOQPTp1xBWU

00:00:00.030 hi guys and welcome to part 5 of the law

00:00:02.850 on extinguishment of obligations today
00:00:06.509 we're going to talk about confusion or
00:00:08.309 merger okay so if you've been enjoying
00:00:10.980 my videos and you want to see more
00:00:12.599 please hit the subscribe button ok for
00:00:16.710 my regular viewers please be reminded
00:00:18.930 that this is merely for educational or
00:00:22.320 informative purposes and it's not meant
00:00:25.140 as a substitute for proper legal advice
00:00:27.210 and for my students please remember that
00:00:30.510 this is not substitute for studying and
00:00:34.260 understanding the law okay now let's go
00:00:37.170 to contingent and we'll turn this is the
00:00:39.570 meeting in one person of the qualities
00:00:42.780 of the creditor and debtor with respect
00:00:46.469 to the same obligation in other words
00:00:49.200 the taper becomes his own creditor and
00:00:52.820 therefore enforcement becomes absurd
00:00:56.070 because if you are your own candidate or
00:00:58.500 a newer editor
00:00:59.760 how will you enforce payment from
00:01:02.460 yourself okay so the law in this case
00:01:05.930 considers such confusion or merger as a
00:01:09.930 mode of extinguishing obligations okay
00:01:13.260 so very quickly what are the requisites
00:01:15.720 in order for there to be valid
00:01:18.390 constitutional Rieger first the merger
00:01:21.689 of the creditor and the debtor must be
00:01:24.600 in the same person okay the qualities of
00:01:27.869 the creditor must not have been
00:01:29.310 transferred to a third person and
00:01:30.960 neither should the qualities be
00:01:32.579 transferred from the debtor to a third
00:01:34.829 person okay it should be the qualities
00:01:38.009 of the creditor and the qualities of the
00:01:40.380 debtor are merged into one okay in the
00:01:44.100 same person okay second requisite it
00:01:48.180 must take place between the principal
00:01:50.490 creditor and the principal letter when I
00:01:53.670 say principal there are two debtors
00:01:56.579 there are cool creditors those are not
00:01:59.880 the ones contemplated by
00:02:01.659 or mature okay in order for there to be
00:02:05.159 valid confusion or merger the merger
00:02:08.500 must take place between the person of
00:02:10.419 the principle creditor and the principle
00:02:13.150 debt or third okay
00:02:15.790 the confusion number germ us be complete
00:02:18.190 or definite now let me just clarify this
00:02:20.760 this liquid requisite does not require
00:02:23.769 that the obligation be totally
00:02:26.140 extinguished no okay what this refers to
00:02:28.959 is that the transferring of qualities of
00:02:32.380 either the creditor or the debtor into
00:02:34.420 the same person that is what must be
00:02:36.459 complete in other words all the
00:02:38.560 qualities that would make a creditor a
00:02:41.019 creditor under that obligation must have
00:02:43.750 been transferred to the debt order okay
00:02:46.150 whether or not the obligation has been
00:02:48.940 totally or partially performed no ok so
00:02:53.200 again what should be complete is the
00:02:55.480 transfer of the qualities and not
00:02:57.579 necessarily the entire obligation okay
00:03:02.130 next principle okay now the merger or
00:03:08.410 the confusion of rights of the principle
00:03:11.769 creditor and the principal debtor will
00:03:14.709 benefit their garage doors okay who is a
00:03:17.829 guarantor he is a person who stands to
00:03:21.400 answer for the death of the the debtor
00:03:24.120 in case the debt or is unable to pay
00:03:28.180 okay we will be talking about guarantee
00:03:31.540 in a different blood no let us just
00:03:34.359 understand for now that the guarantor is
00:03:36.940 a person subsidiary liable meaning is he
00:03:40.600 will only be liable after the principal
00:03:44.680 debtor is held to be unable to pay okay
00:03:50.100 so in this case if the person of the
00:03:53.769 principal creditor and the person of the
00:03:56.079 principle that we have merged then the
00:03:58.900 guarantors are relieved of their
00:04:01.709 responsibility
00:04:02.900 they no longer have to fulfill the
00:04:05.000 duties of being a guarantor
00:04:07.910 but it's the converse correct no okay
00:04:10.629 the merger of guarantor of it creditor
00:04:14.120 in the guarantor of debt or you know in
00:04:17.269 the same prison does not affect the
00:04:19.639 principal and principal creditor in the
00:04:22.100 principal debtor okay in that does not
00:04:25.010 work it is only when the characters of
00:04:27.320 the principal creditor and principal
00:04:29.449 debtor emerged that the guarantors our
00:04:33.010 benefit okay next what happens in case
00:04:38.000 there is confusion in a joint obligation
00:04:40.970 okay remember that in a joint obligation
00:04:44.000 a debt or an obligation is divided into
00:04:47.389 as many obligations as there are
00:04:49.750 creditors and debtors okay so each is
00:04:54.169 only liable for their proportionate
00:04:56.270 share I will be discussing joint and
00:04:59.090 solidary obligations in another video
00:05:01.550 okay but for this purpose in caves
00:05:05.060 condemnation has happened in a joint
00:05:07.550 obligation since the debtors are only
00:05:10.400 liable for their proportionate share
00:05:12.320 that portion pertaining to the joint
00:05:15.860 debtor is the only portion that is
00:05:18.169 extinguished the other portions
00:05:20.539 pertaining to the other creditors are
00:05:23.030 not extinguished
00:05:24.740 okay what about in solidary obligations
00:05:27.889 remember in solidary obligations there
00:05:30.680 is only one day okay so in is that
00:05:33.740 singular debt has been condone then the
00:05:37.130 obligation itself
00:05:38.500 is extinguished without prejudice to the
00:05:41.070 rights of the debtors and creditors
00:05:43.980 amongst each other okay so that's it for
00:05:48.550 confusion or merger a very brief
00:05:51.300 discussion on extinguishment of
00:05:55.450 obligations with regard to confusion in
00:05:58.360 merger okay so thank you for watching I
00:06:00.970 hope you I hope you have picked up a
00:06:02.500 thing or two please watch out for my
00:06:04.630 next video bye