Modes of extinguishment

Question 1

Obligations are extinguished through

Answer 1

1. by payment or performance
2. by the loss of the thing due
3. by the condonation or remission of the debt
4. by the confusion or merger of the rights of creditor and debtor
5. by compensation
6. by novation

Question 2

refers only to the deleivery of money. As a mode of extinguishing an obligation, it has a much wider meaning

Answer 2

payment

Question 3

may consist of not only in the delivery of money but also the giving of a thing (other than money), the doing of an act

Answer 3

payment

Question 4

By law, payment and performance are

Answer 4

synonymous

Question 5

general rule: should be complete in performance

Answer 5

payment

Question 6

exceptions:substantial compliance, acceptance despite incompleteness without objection (estoppel)

Answer 6

payment

Question 7

susbtantial compliance, acceptance despite incompleteness without objection

Answer 7

estoppel

Question 8

is the conveyance of ownership of a thing as an accepted equivalent of performance

Answer 8

dation in payment

Question 9

it is a special form of payment because it is not only payment of money, but also the alienation of property

Answer 9

dation in payment

Question 10

other special forms of payment

Answer 10

-payment by cession
-tender of payment and consignation
-application of payments

Question 11

it is the assignment or abandonment of all the properties of the debtor for the benefit of his creditors in order that the latter may sell and apply the proceeds thereof to the satisfaction of their credits

Answer 11

payment by cession

Question 12

requisites
-there must be two or more creditors
-the debtor must be partially insolvent
-the cession must be accepted by the creditors

Answer 12

payment by cession

Question 13

there is usually only one creditor

Answer 13

dation in payment

Question 14

does not presuppose insolvency of the debtor

Answer 14

dation in payment

Question 15

does not involve all the property of the debtor

Answer 15

dation inpayment

Question 16

creditor becomes the owner of the things given by the debtor

Answer 16

dation in payment

Question 17

is really an act of novation

Answer 17

dation in payment

Question 18

is not an act of novation

Answer 18

payment by cession

Question 19

the creditors only acquire the right to sell the thing and apply the proceeds to their credit proportionately

Answer 19

payment by cession

Question 20

extend to all the property of the debtor subject to execution

Answer 20

payment by cession

Question 21

the debtor is insolvent at the time of the assignment

Answer 21

payment by cession

Question 22

there are sevral creditors

Answer 22

payment by cession

Question 23

act of the debtor of offering to the creditor the thing or amount due

Answer 23

tender of payment

Question 24

the debtor must show his possession the thing or money to be delivered at the time of the offer

Answer 24

tender of payment

Question 25

all coins and notes issued by the Bangko Sentral ng Pilipinas (BSP) that constitute legal tender for all debts, both public and private

Answer 25

legal tender in the Philippines

Question 26

is the act of depositing the thing or amount due with the proper court when the creditor does not desire or cannot receive it, after complying with the formalities required by law

Answer 26

consignation

Question 27

it is always judicial and it generally requires prior tender of payment which is by its very nature extrajudicial

Answer 27

consignation

Question 28

An obligation which consists in the delivery of a determinate thing shall be extinguished if it should be lost or destroyed without the fault of the debtor, and before he has incurred in delay. When by law or stipulation, the obligor is liable even for fortuitous events, the loss of the thing does not extinguish the obligation, and he shall be responsible for damages. The same rule applies when the nature of the obligation requires the assumption of risk. (1182a)

Answer 28

loss of the thing due

Question 29

In an obligation to deliver a generic thing, the loss or destruction of anything of the same kind does not extinguish the obligation.

Answer 29

loss of the thing due

Question 30

The courts shall determine whether, under the circumstances, the partial loss of the object of the obligation is so important as to extinguish the obligation.

Answer 30

loss of the thing due

Question 31

Whenever the thing is lost in the possession of the debtor, it shall be presumed that the loss was due to his fault, unless there is proof to the contrary, and without prejudice to the provisions of article 1165. This presumption does not apply in case of earthquake, flood, storm, or other natural calamity. (1183a)

Answer 31

loss of the thing due

Question 32

essentially gratuitous, and requires the acceptance by the obligor. It may be made expressly or impliedly. One and the other kind shall be subject to the rules which govern inofficious donations. Express condonation shall, furthermore, comply with the forms of donation. (1187)

Answer 32

condonation or remission of debt

Question 33

Is the gratuitous abandonment by the creditor of his right against the debtor

Answer 33

condonation/remission

Question 34

Thus, a form of donation. There must be a proof of “right to ownership” of the thing to be donated as to extinguish an obligation.

Answer 34

condonation/remission

Question 35

The obligation is extinguished from the time the characters of creditor and debtor are merged in the same person.

Answer 35

confusion or merger of rights

Question 36

shall take place when two persons, in their own right, are creditors and debtors of each other. (

Answer 36

compensation

Question 37

may be legal, voluntary/conventional, & judicial

Answer 37

compensation

Question 38

Obligations may be modified by: (1) Changing their object or principal conditions; (2) Substituting the person of the debtor; (3) Subrogating a third person in the rights of the creditor. (1203)

Answer 38

novation

Question 39

Is the extinction of an obligation through the creation of a new one which substitutes it

Answer 39

novation

Question 40

Modification of the obligation by real novation & personal novation. (Article 1291)

Answer 40

novation

Question 41

Extinguishment of an obligation by creating a new one

Answer 41

novation

Question 42

kinds of novation

Answer 42

1. real/objective 2. personal/subjective

Question 43

change object, cause/consideration or principal condition

Answer 43

real/objective

Question 44

types of personal/subjective novation

Answer 44

substitution subrogation

Question 45

when the person of the debtor is substituted.

Answer 45

substitution

Question 46

types of susbtitution

Answer 46

expromision delegacion

Question 47

(initiative is from 3rd person or new debtor)

Answer 47

expromision

Question 48

(initiative of old debtor)

Answer 48

delegacion

Question 49

when a third person is subrogated in the rights of the creditor

Answer 49

subrogation

Question 50

can be express or implied. If implied, establish incompatibility

Answer 50

novation

Question 51

intent to substitute a new obligation in the place of old one; must be clearly established before there can be novation resulting in the extinguishment of the old obligation and the creation of a new one.

Answer 51

animus novandi

Question 52

oral or written

Answer 52

express

Question 53

silent means yes

Answer 53

implied

Question 54

5 w's and 1 h

Answer 54

how to pay where to pay when to pay whom to pay who to pay what to pay

Question 55

acceptance is made only after the donor's death because they partake of the nature of a will and thus governed by the rules on succession.

Answer 55

mortis cause

Question 56

acceptance takes effect during the lifetime of the donor and the donee

Answer 56

inter vivos