3rd quiz oblicon

7/24/2019 3rd Quiz Oblicon

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Art. 1256. If the creditor to whom tender of payment has been made refuses without just cause toaccept it, the debtor shall be released from theresponsibility by the consignation of the thing or sum due.

Consignation alone shall produce the sameef fect in the following cases!

"1# when the creditor is absent or un$nown,or does not appear at the place of payment

"2# when he is incapacitated to recei%e the payment at the time it is due

" when, without just cause, he refuses togi%e receipt

"'# when two or more persons claim the same

right to collect

"5# when the title of the obligation has beenlost.

Art. 125(. In order that the consignation of the thin g due may release the obligor, it must first beannounced to the persons interested in the fulfillmentof the obligation.

)he consignation shall be ineffectual if it isnot made strictly in consonance with the pro%isionwhich regulate payment.

Art 125*. )he consignation shall be made bydepositing the things due at the disposal of the

judicial authority, before whom the tender of payment shall be pro%ed, in a proper case, and theannouncement of the consignation in other cases.

)he consignation ha%ing been made, theinterested parties shall also be notified thereof.

Art 125+. )he e penses of the consignation,if properly made, shall be charged against thecreditor.

Art 126-. nce the consignation has beenduly made, the debtor may as$ the judge to order thecancellation of the obligation.

/efore the creditor has accepted theconsignation, or before the judicial declaration that

the consignation has been properly made, the debtor may withdraw the thing or sum deposited, allowingthe obligation to remain in force.

Art. 1261. If, the consignation ha%ing been properly made, the creditor should authori0e thedebtor to withdraw the same, he shall lose 34

preference he may ha%e o%er the thing. )he codebtors, guarantors and sureties shall be released.

ec 2. 7oss of the )hing 8ue

Art 1262. An obligation which consists in thedeli%ery of the determinate thing shall bee tinguished, if it should be lost or destroyedwithout the fault of the debtor or before he hasincurred in delay.

9hen by law or stipulation, the obligor isliable e%en for fortuitous e%ent, the loss of the thingshall not e tinguish the obligation and he shall beresponsible for damages. )he same rule shall applywhen the nature of the obligation re:uires theassumption of ris$.

Art 126&. In an obligation to deli%er ageneric thing, the loss or destruction of anything of the same $ind does not e tinguish the obligation.

Art 126'. )he courts shall determinewhether, under circumstances, the partial loss of theobject of the obligation is so important as toe tinguish the obligation.

Art 1265. 9hen the thing is lost in the possession of the debtor, it shall be presumed thatthe los s was due to his fault, unless there is a proof to the contrary and without prejudice to the

pro%isions of Art. 1165. )his presumption does notapply in case of earth:ua$e, flood, storm or other

natural calamity.Art 1266. )he debtor in obligations to do

shall also be released when the prestation become slegally or physically impossible without the fault of the obligor.

Art 126(. 9hen the ser%ice has become sodifficult as to be manifestly beyond the


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contemplation of the parties, the obligor shall also bereleased.

Art 126*.9hen the debt of the thing certainand determinate proceeds from a criminal offense,the debtor shall not be e empted from the paymentof its price, unless the thing ha%ing been offered byhim to the person who should recei%e it, the latter refused without justification to accept it.

Art. 126+. )he obligation ha%ing beene tinguished by the loss of the thing, the creditor

;A77 ha%e all the rights of action which thedebtor may ha%e against third persons /4 3 A >3 A3 is = ?


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Art. 12*1. Compensation may be total or partial. 9hen the two debts are of the same amount,there is total compensation.

Art. 12*2. )he parties may agree uponcompensation of debts which are not yet due.

Art. 12*&. If one of the parties to a suit o%er an obligation has a claim for damages against theother, the former may set it off by pro%ing his rightto said damage and the amount thereof.

Art. 12*'. 9hen one or both debts arerescisible or %oidable, they may be compensatedagainst AC; other before they are judiciallyrescinded or a%oided.

Art. 12*5. )he debtor who has consented tothe assignment of his rights made by a creditor infa%or of third person, cannot set up against theassignee the compensation which would pertain tohim against the assignor, unless the assignor wasnotified by the debtor at the time he ga%e hisconsent, that he has reser%ed his right to thecompensation.

If the creditor communicated the cession tohim, but the debtor did not consent thereto, the latter may set up compensation of debts pre%ious to the

cession but not of subse:uent ones.If the assignment is made without the

$nowledge of the debtor, he may set upcompensation of all credits prior to the same and of subse:uent ones until he had $nowledge of thecompensation.

Art. 12*6. Compensation shall ta$e place byoperation of law e%en though the debts are payableat different places but there shall be indemnity for

e penses of e change or transportation to the placeof payment.

Art 12*(. Compensation shall not be proper if of the debts arises from a depositum, or from theobligations of a depositary or of a bailee incommodatum.

againstthe creditor who has a claim for support due /4

gratuitous title, without prejudice to the pro%isionsof par 1, art

Art. 12**. 3 < should ha%e againsthim se%eral debts which are susceptible of compensation, the rules on application of paymentsshall apply in the order of compensation.

Art. 12+-. 9hen all the re:uisites mentionedArticle 11(+ are present, compensation ta$es

== C) by operation of law, and e tinguishes bothdebts in the concurrent amount e%en though thecreditors and debtors are not aware of thecompensation.

Section 6. Novation

Art. 12+1. )he obligations may be modified by!

"1# Changing the object or principalconditions@

"2# ubstituting the person of the debtor

" ubrogating a third person in the rights of the creditor

Art. 12+2. In order that obligation may bee tinguished by another which substitutes the same,it is imperati%e that it be so declared in une:ui%ocalterms, or that the old and the new obligations be one%ery point incompatible with each other.

Art. 12+&. ayment /4 );

< 9debtor gi%es him rights mention in article 12&6and 12&(.

Art. 12+'. If the substitution is without the$nowledge or against the will of the debtor, the newdebtorDs insol%ency or non fulfillment of theobligation shall not gi%e rise to any liability A3) original 8 /) 3.


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Art. 12+5. )he insol%ency of the new debtor who has been proposed by the debtor and accepted

by the creditor shall not re%i%e the action of the latter against the 3IBI3IA7

obligation is e tinguished in conse:uence of no%ation, accessory obligations may subsist onlyinsofar as they may benefit third persons who didnot gi%e their consent.

Art. 12+(. If the new obligation is %oid, theoriginal one shall subsist, unless the parties intendedthat the former relation be e tinguished in any e%ent.

Art. 12+*.

3rd quiz oblicon

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