S E C T I O N 3 CONDONATION OR REMISSION OF DEBT

ART. 1270 Condonation or remission is essentially gratuitous and requires the acceptance by the
obligor. It may be made expressly or impliedly.

Meaning of condonation or remission- It is the gratuitous abandonment by the creditor of his

right against the debtor.

REQUISITES [GAD-PIC]

1. Must be gratuitous;
2. The obligor must accept the same;

3. Obligation must be due;

4. Parties must be capacitated;

5. Must not be inofficious;

6. If made expressly, it must comply with the forms of donation.

KINDS OF REMISSION

1. As to extent

a. Complete/total – when it covers the entire obligation;

b. Partial – when it does not cover the entire obligation.

2. As to its form

a. Express – when it is made either verbally or in writing;

b. Implied – When it can only be inferred from the conduct.

3. As to its constitution

a. Inter vivos – when it is constituted by the agreement of the obligee and obligor;

b. Mortis cause – when it constituted by law will and testament.