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Payment of legacy after will have been declared voi 1

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Unformatted text preview: iged to return what he gave but may recover what he has given b. other party is less guilty or not guilty TITLE 3. – NATURAL OBLIGATIONS See Arts. 1423 - 1430 NATURAL OBLIGATIONS • they are real obligations to which the law denies an action, but which the debtor may perform voluntarily. • It is patrimonial, and presupposes a prestation. • The binding tie of these obligations is in the conscience of man, for under the law, they do not have the necessary efficacy to give rise to an action. EXAMPLES OF NATURAL OBLIGATIONS ENUMERATED UNDER THE CIVIL CODE: 1. Performance after the civil obligation has prescribed 2. reimbursement of a third person for a debt that has prescribed 3. restitution by minor after annulment of contract 4. Delivery by minor of money or fungible thing in fulfillment of obligation 5. Performance after actiona to enforce civil QuickTime™ and TIFF (Uncompressed) decompressor obligation hasare needed to see this picture. failed 6. payment by heir of debt exceeding value of property inherited 7. payment of legacy after will have been declared voi 1. estoppel in pais (by conduct) c. estoppel by silence d. estoppel by acceptance of benefits 2. Technical estoppel a. Estoppel by deed b. Estoppel by record c. Estoppel by judgment d. Estoppel by laches LACHES OR STALE DEMANDS LACHES • Failure or neglect, for an unreasonable and unexplained length of time to do that which, by exercising due diligence, could or should have been done earlier; it is negligence or omission to assert a right within reasonable time warranting a presumption that the party entitled to assert it either has abandoned it or declined to assert it • ELEMENTS 1. conduct on part of the defendant, or of one under whom he claims, giving rise to the situation of which complaint is made and for which the complaint seeks a remedy 2. delay in asserting the complainant’s rights, the complainant having knowledge or notic...
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This document was uploaded on 02/18/2014 for the course ACC 2001 at Alabama Christian Academy.

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