Article 1231.

1231 P1

1. Payment or Performance
Definition - Article 1232.
- quis/quinam, quid, quando, ubi, quo modo, pacta adjunta,
Payment Elements
causae, expensae - Manresa
Burden of proof

Means of Payment, Where to Pay, Completeness of Payment, How Payment is Made, Acceptance by Creditor

Payment by 3rd party Article 1237. Jalondoni.Encomienda.2017

Extrajudicial expense - Article 1247.
Judicial Costs - Rule 142
Common Form
delivery of money Legal Tender RA265
Performance of an Obligation
Payment Special Forms
Dacion - Dacion en pago Article 1245. governed by law of sales
1 creditor
consent of concerned creditor only
may takes place during solvency
transfers ownership
essentially a novation
Imputation Article 1252.
cession governed by special laws
Article 1255.
more than 1 creditor Article 1255.
consent of all creditor
does not transfer ownership, Only the right to sell said things

not a novation
affects all peoperties of debtor
Tender of Payment & Consignation - Article 1256. Article 1261.

Consignation Requirement

Tender of payment Requirement Alemars.CagayanValleyCollege.1958

2. Loss of the Thing Dues

Article 1262. - Article 1269.
Negated by Mora

Specific Thing
Generic(genus never perishes) - Article 1263.

Personal Obligation Article 1267.

legal impossibility
physical impossibility
moral impossibility!

3. Condonation or Remission
Article 1270. - Article 1274.
Requisites
Agreement (acceptance is required)
Party must be capacitated and Consent
Subject Matter
Cause is Gratuitious (Otherwise Dacion or Novation)
Obligation is demandable at time of remission
not inofficious (i.e. impairing heirs)
donation is formal and an express remission Article 1270.

Classes
- Inter Vivos (during life)
- mortis causa (after death)
- total
- partial
- implied
- express

4. Confusion or Merger of Rights

Article 1275. - Article 1277.
Confusion does not extinguished joint obligation

5. Compensation
Defined and Elements - Article 1278. Article 1290.
Requisites Article 1279.
BOTH BOUND PRINCIPALLY ≠ (GUARANTORS | CO-MAKER)however Article 1280.

Compensation - Partial Extinguishment is permitted, occurs in operation of law

(bank set-off or indemnity)
Payment - Complete and indivisible, Occurs in delivery
Kinds By extent.
Total- when both obligations are of the same amount.
Partial- when the two obligations are of different amounts.
Kinds By origin:
Legal- when it takes place by operation of law even without the knowledge
of the parties.
Except:
debt arises from depositum(depository) or commodatum(bailee) or penal offense
Voluntary- when it takes place by agreement of the parties.
Judicial- when it takes place by order from a court of litigation.
Facultative- when it can be set up only by one of the parties.

6. Novation
Article 1291.Article 1292.Article 1293. - Article 1304.

Person | Consent required

Delegante(old debtor),
delegatorio(creditor),
delegado(new debtor)

Delegacion-debtor ∵ Delegante initiates Article 1294.

**expromicion-Debtor ∵ delegado initiAtes
Subrogacion-Creditor ∵ Article 1295.
Conventional and legal

Object Article 1291.

Mixed
is remmision
modification in price
same price in different form is compensation
Novation is never pressumed

1231 P2

1. Annulment
Article 1183.

2. Rescission
Article 1191.

3. Fulfilment of Resolutory Condition

Fulfillment of resolutory condition extinguishes obligation. Article 1181.
Before the fulfillment
Preservation of creditor's rights applies. Article 1188.

Obligation is demandable at once, without prejudice to the effects of the

happening of the event. Article 1179.
After the fulfilment
Whatever may have been paid or delivered by one or both of the parties upon
the constitution of the obligation shall have to be returned upon the
fulfilment of the condition Article 1190.

4. Prescription
Article 1139 Article 1431. Article 1424.

J.L.

1. Death of Either Party

Article 1323.

2. Effects of Special Laws

Article 1158. Article 1162. Article 1175. Article 1255. Article 1329. Article 1432. Article
1442.

Others

Arrival of Resolutory Term

Change of Civil Status
Compromise
Mutual Dissent
Impossibility
Fortuitous Event