Save
OBLICON
ARTICLE 1215-1216
Save
Share
Learn
Content
Leaderboard
Share
Learn
Created by
rie
Visit profile
Cards (10)
What are the four modes of extinguishing obligations mentioned in the study material?
Novation
,
compensation
,
confusion
, and
remission
View source
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
View source
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
View source
What happens during confusion in
obligations
?
It occurs when the roles of
creditor
and
debtor
merge in the same person
View source
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
View source
What is
remission
in the context of obligations?
It is the gratuitous abandonment by the
creditor
of his right, requiring acceptance by the
obligor
View source
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.
View source
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
View source
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
View source
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.
View source