Animal Kingdom
Modes of Extinguishment of Obligations
Payment or performance Loss of the thing due Condonation or remission of debt Confusion or merger of rights Compensation Novation Annulment Rescission Fulfillment of resolutory condition
Payment / Performance delivery of money and performance, in any other manner of the obligation
Requisites for Valid Payment / Performance With respect to the prestation
Identity Integrity or completeness Indivisibility
Requisites for Valid Payment
With respect to parties - must be made by proper party to proper party
PAYOR Payor - the one performing, he can be the debtor himself or his heirs or assigns or his agent, or anyone interested in the fulfillment of the obligation; can be anyone as long as it is with the creditor's consent 3rd person pays/performs - only the creditor's consent; If performance is done also with debtor's consent - he takes the place of the debtor. There is subrogation except if the 3rd person intended it to be a donation 3rd person pays/performs with consent of creditor but not with debtor's consent, the repayment is only to the extent that the payment has been beneficial to debtor
Requisites for Valid Payment
PAYEE Payee - creditor or obligee or successor in interest of transferee, or agent 3rd person - if any of the ff. concur:
It must have redounded to the obligee's benefit and only to the extent of such benefit It falls under art 1241, par 1,2,3 - the benefit is total so, performance is total
Anyone in possession of the credit - but will apply only if debt has not been previously garnished
Payment
Payment made to an Incapacitated Person, VALID if: Incapacitated person kept the thing delivered, or Insofar as the payment has been beneficial to him
Payment
PAYMENT TO 3RD PARTY NOT AUTHORIZED, VALID IF PROVED AND ONLY TO THE EXTENT OF BENEFIT; PRESUMED IF After payment, 3rd person acquires the creditor’s rights Creditor ratifies payment to 3rd person By creditor’s conduct, debtor has
Payment or performance Loss of the thing due Condonation or remission of debt Confusion or merger of rights Compensation Novation Annulment Rescission Fulfillment of resolutory condition
Payment / Performance delivery of money and performance, in any other manner of the obligation
Requisites for Valid Payment / Performance With respect to the prestation
Identity Integrity or completeness Indivisibility
Requisites for Valid Payment
With respect to parties - must be made by proper party to proper party
PAYOR Payor - the one performing, he can be the debtor himself or his heirs or assigns or his agent, or anyone interested in the fulfillment of the obligation; can be anyone as long as it is with the creditor's consent 3rd person pays/performs - only the creditor's consent; If performance is done also with debtor's consent - he takes the place of the debtor. There is subrogation except if the 3rd person intended it to be a donation 3rd person pays/performs with consent of creditor but not with debtor's consent, the repayment is only to the extent that the payment has been beneficial to debtor
Requisites for Valid Payment
PAYEE Payee - creditor or obligee or successor in interest of transferee, or agent 3rd person - if any of the ff. concur:
It must have redounded to the obligee's benefit and only to the extent of such benefit It falls under art 1241, par 1,2,3 - the benefit is total so, performance is total
Anyone in possession of the credit - but will apply only if debt has not been previously garnished
Payment
Payment made to an Incapacitated Person, VALID if: Incapacitated person kept the thing delivered, or Insofar as the payment has been beneficial to him
Payment
PAYMENT TO 3RD PARTY NOT AUTHORIZED, VALID IF PROVED AND ONLY TO THE EXTENT OF BENEFIT; PRESUMED IF After payment, 3rd person acquires the creditor’s rights Creditor ratifies payment to 3rd person By creditor’s conduct, debtor has