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CONDONATION OR

REMISSION OF
DEBT
SECTION 3

ARTICLE 1270
Condonation or remission is essentially
gratuitous, and requires the acceptance by
the obligor.
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)

CONDONATION OR REMISSION
Is the gratuitous abandonment by the
creditor of his right against the debtor
Form of donation

REQUISITES
1. It must be gratuitous;
2. It must be accepted by the obligor;
3. The parties must have capacity;
4. It must not be inofficious;
5. If made expressly, it must comply with the forms
of donations

KINDS OF REMISSION
1. As to its extent:
entire obligation
obligation
2. As to its form:
verbally or in writing
from conduct

> Complete covers the


> Partial does not cover the entire
> Express made either
> Implied can only be inferred

3. As to its day of effectivity:


> Inter vivos take
effect during the lifetime of the donor
> Mortis causa
become more effective upon the death of the donor
must comply with the formalities of a will

ARTICLE 1271
The delivery of a private document evidencing a credit,
made voluntarily by the creditor, implies the renunciation
of the action which the former had against the latter.
If in order to nullify this waiver it should be claimed to be
inofficious, the debtor and his heirs may uphold it by
proving that the delivery of the document was made in
virtue of payment of the debt. (1188)

PRESUMPTION IN CASE OF VOLUNTARY DELIVERY OF


DOCUMENT INDEBTEDNESS BY CREDITOR

1.Presumption of implied remission


2.Contrary evidence
3.Extent remission
4.Presumption applicable only to private
document