Extinguishment of Obligations

PAYMENT LOSS CONDONATION| CONFUSION| COMPENSATION NOVATION

REMISSION MERGER
DEFINITION TO GIVE:  extinguishing to the  by the substitution or
 gratuitous on the part  meeting in one concurrent amounts change of the obligation
Only an obligation to deliver a of the creditor, person of the qualities of the obligations of
determinate thing (determinate
 either by changing the
creditor and debtor with persons who, in their object or principal
obligation) can be extinguished  requires
by reason of loss. acceptance by the debtor to be respect to the same own right and as conditions,
valid obligation principals, are  by substituting another
deliver a generic thing reciprocally creditors in place of the debtor,
(generic obligation cannot be  donation inter vivos or and debtors of each or
extinguished legacy, depending on other.  by subrogating a third
by reason of loss because the its effectivity. person in the rights of
genus of a thing can never  Whether donation or the creditor.
perish (genus nunquamperil). legacy
TO DO:

(1) when the prestation becomes

legally or physically impossible
without the fault of the debtor;

(2) when, by reason of an

unforeseen event, the service has
become so difficult as to be
manifestly beyond the
contemplation of the parties?

REQUISITES FD LS (1) it must take place in the

1.occurs without the fault of the person of the
debtor; principal creditor and
principal debtor;
 2) the loss occurs
prior to the debtor incurring hence, if the
delay; and merger involves the creditor
and the guarantor, the
(3) there is no law or stipulation
holding the debtor liable even in obligation is not
case of fortuitous event, or that extinguished;
the nature of the obligation does
not require the assumption of
risk (2) it must be
complete and definite,
because if it is not complete,
the
obligation still subsists
Kinds: (1) Legal - that which takes place
ipso jure when
all the requisites of law are
present;
(2) Voluntary -
that which occurs when the
parties agree to the mutual
extinguishment of their credits or
to compensate their
mutual obligations even in the
absence of some of the
legal requisites

(3) Judicial - that which takes

place
when the court allows the set off
or counterclaim of the
defendant as against the claim of
the plaintiff;

(4)
Facultative - when it can be
claimed by the party who
can oppose it and who is the only
party prejudiced by the
compensation, as happens when
one of the obligations
has a period for the benefit of one
party alone and the
No, you steal my
smile!
PERmit-
N- The students secure
permit from their
parents.
V- The parents do not
permit them.
perMIT- VERB
 WORD NOUN VERB

permit PERmit perMIT

1. contest CON test con TEST
2. present PRE sent pre SENT
3.contract CON tract con TRACT
4.process PRO cess pro CESS
5.convert CON vert con VERT
6.decrease DE crease de CREASE
7.desert DE sert de SERT
8.record RE cord re CORD
9.discount DIS count disCOUNT
10.refill REfill reFILL