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Article 1231
March 26, 2016Leave a comment
Obligations are extinguished:
(1) By payment or performance;
(5) By compensation;
(6) By novation.
1.Waiver or Renunciation
2.Mutual Agreement
3.Compromise
6.Prescriptio
8.Decision or will of one of the parties in certain contracts like agency, partnership
**no case cited // Each paragraph shall be discussed under specific Articles going through
the rest of Chapter 4 indicating each that were enumerated to extinguish obligation.
Article 1232
March 25, 2016Leave a comment
Payment means not only the delivery of money but also the performance, in any other
manner, of an obligation.
Ang pagbabayad ay hindi lamang ang pagdadala ng pera ito rin ay may kasamang
pagsasagawa, kahit sa ano mang kaparaan, ng isang obligasyon.
‘Payment’ defined
Discussion:
Presentation of receipt is a good proof of payment. Therefore, a debtor can demand the
issuance of a receipt from the creditor once his debt is paid. Consignation may be
requested by the debtor in case the creditor refused to issue the receipt. The burden of
proof of payment lies on the debtor, after the creditor has shown that the debt exists.