ARTICLE 1215-1216

Cards (10)

  • What are the four modes of extinguishing obligations mentioned in the study material?
    Novation, compensation, confusion, and remission
  • What effect does novation have on obligations?

    It modifies the obligations by changing their object or principal conditions, substituting the debtor, or subrogating a third person in the creditor's rights
  • What is the definition of compensation in the context of obligations?

    It occurs when two persons become creditors and debtors of each other, offsetting their amounts
  • What happens during confusion in obligations?

    It occurs when the roles of creditor and debtor merge in the same person
  • In the example provided, how does Tito become both debtor and creditor?

    Tito pays his debt to Vic with a check, which Vic then uses to pay Joey, who in turn pays Tito
  • What is remission in the context of obligations?

    It is the gratuitous abandonment by the creditor of his right, requiring acceptance by the obligor
  • What are the implications of the four modes of extinguishing obligations for solidary co-creditors?

    • They can extinguish the debt or obligation due to all co-creditors.
    • Co-creditors can hold the acting creditor liable for their shares.
  • What can a creditor do against solidary debtors according to Article 1216?

    The creditor may proceed against any one, some, or all of the solidary debtors simultaneously
  • What is the effect of a demand made against one solidary debtor?

    It does not prevent subsequent demands against the others until the debt is fully collected
  • What is the process for extrajudicial demands against solidary debtors?

    • The first demand does not prevent subsequent demands on other co-debtors.
    • If the first co-debtor does not fulfill the obligation, others can still be required to act.