real one

Cards (15)

  • Obligations
    Extinguished by payment or performance, loss of thing due (by fortuitous event), and remission of debts
  • Payment
    Includes money and performance (to do, and not to do)
  • Integrity of Prestation
    • The obligation must be performed completely
    • Identity of Prestation - The requirement to fulfill the obligation
  • Debts are not understood unless it has been delivered completely
  • Obligations that have been performed partially yet in good faith, the debtor may recover as if there has been a strict and complete fulfillment
  • If the creditor accepts the performance knowing it is irregular and complete, the obligation shall be deemed to be complied with
  • Creditor
    Not intended to accept payment by third person who has no interest in fulfilling the obligation, unless there is a stipulation
  • Subrogation
    When the third person acquires all the rights of the creditor; "Third person steps into the shoes of the creditor"
  • Reimbursement
    Refund to the extent provided
  • Payment by third person to the obligation without knowledge of the debtor, the third person may recover the payment from the debtor only insofar as it has been beneficial to the latter, and there is no Subrogation
  • Payment by third person to the obligation with the knowledge and consent of the debtor, there is a Subrogation and Reimbursement
  • Any payer to the obligation without the consent of the debtor should not compel the creditor to subrogate
  • Any payment made by third person who has no intention of being reimbursed is deemed to be a Donation, although in some cases, the third person may recover to the extent
  • Payment shall be valid if the creditor accepts it
  • Any payment made by one who does not have free disposal of thing due and capacity to alienate is not valid, and therefore, it can be recovered