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3 person if any of the ff concur it must have

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Unformatted text preview: ly the creditor's consent; If performance is done also with debtor's consent - he takes the place of the debtor. There is subrogation rd except if the 3 person intended it to be a donation iii. 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 b. Payee i. Payee - creditor or obligee or successor in interest of transferee, or agent rd ii. 3 person - if any of the ff. concur: • It must have redounded to the obligee's • benefit and only to the extent of such benefit Page 114 of 297 Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 • It falls under art 1241, par 1,2,3 - the benefit is total so, performance is total iii. Anyone in possession of the credit - but will apply only if debt has not been previously garnished PAYMENT MADE TO AN INCAPACITATED PERSON, VALID IF 1. Incapacitated person kept the thing delivered, or 2. Insofar as the payment has been beneficial to him Art. 1235. When the obligee accepts the performance, knowing its incompleteness or irregularity, and without expressing any protest or objection, the obligation is deemed fully complied with. (n) • • • • Attempt in Good Faith to perform without willful or intentional departure Deviation is slight Omission/Defect is technical or unimportant Must not be so material that intention of parties is not attained RD PAYMENT TO 3 PARTY NOT AUTHORIZED, VALID IF PROVED AND ONLY TO THE EXTENT OF BENEFIT; PRESUMED IF 1. After payment, 3rd person acquires the creditor’s rights rd 2. Creditor ratifies payment to 3 person 3. By creditor’s conduct, debtor has been led to make the payment (estoppel) PAYMENT MADE IN GOOD FAITH TO A PERSON IN POSSESSION OF CREDIT SHALL RELEASE DEBTOR; REQUISITES: 1. Payment by debtor must be made in good faith 2. Creditor must be in possession of the credit and not merely the evidence of indebtedness • NOTE: With respect to time and place of payment - must be according...
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