Obligations+and+Contracts.printable

There must be an agreement b there must be a subject

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Unformatted text preview: on of the contract b. The performance is extremely difficult, but not impossible (because if it is impossible, it is extinguished by impossibility) c. The event was not due to the act of any of the parties d. The contract is for a future prestation OBLIGATION TO DELIVER A SPECIFIC THING • GENERAL RULE: Extinguished • EXCEPTIONS: 6. CONDONATION Page 117 of 297 Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 CONDONATION/REMISSION OF THE DEBT – gratuitous abandonment of debt; right to claim; donation; rules of donation applies; express or implied REQUISITES: a. There must be an agreement b. There must be a subject matter (object of the remission, otherwise there would be nothing to condone) c. Cause of consideration must be liberality (Essentially gratuitous, an act of liberality ) d. Parties must be capacitated and must consent; requires acceptance by obligor; implied in mortis causa and expressed inter vivos e. Formalities of a donation are required in the case of an express remission f. Revocable – subject to rule on inofficious donation ( excessive, legitime is impaired ) and ingratitude and condition not followed g. Obligation remitted must have been demandable at the time of remission h. Waivers or remission are not to be presumed generally Forms: a. Express – formalities of donation Extent: a. total Kinds: a. Principal – accessory also condoned b. Implied – conduct is sufficient b. partial b. accessory – principal still outstanding c. accessory obligation of pledge – condoned; presumption only, rebuttable REQUISITES OF IMPLIED CONDONATION 1. Voluntary delivery – presumption; when evidence of indebtedness is w/ debtor – presumed voluntarily delivery by creditor; rebuttable 2. Effect of deliveryQof evidence of indebtedness uickTime™ and a TIFF (Uncompressed) decompressor is conclusion that debt is are needed to see this picture. condoned – already conclusion; voluntary delivery of private document a. If in hands of joint debtor – only his share is condoned b. If in hands of solidary debtor - whole debt is condoned c. Tacit – voluntary destruction of instrument by creditor; made to prescribe w/o demanding 6....
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