Scribd
Upload
575 views2 pages

Chapter 4 (Section 3) Study Guide I

This document provides definitions, discussions, and problems related to condonation or remission of debt under Philippine law. 1. It defines condonation or remission of debt as the gratuitous abandonment by the creditor of his right against the debtor, which is a form of donation. Inofficious remission is when the remission given is more than what the creditor can give by will. 2. For condonation to be valid, there must be a demandable debt, the renunciation must be gratuitous and accepted by the debtor, and formalities of donation must be followed. Remission is considered inofficious if it is more than what the creditor can

Uploaded by

Leinard Agcaoili
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
575 views2 pages

Chapter 4 (Section 3) Study Guide I

This document provides definitions, discussions, and problems related to condonation or remission of debt under Philippine law. 1. It defines condonation or remission of debt as the gratuitous abandonment by the creditor of his right against the debtor, which is a form of donation. Inofficious remission is when the remission given is more than what the creditor can give by will. 2. For condonation to be valid, there must be a demandable debt, the renunciation must be gratuitous and accepted by the debtor, and formalities of donation must be followed. Remission is considered inofficious if it is more than what the creditor can

Uploaded by

Leinard Agcaoili
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 2

Chapter 4 (Section 3)

STUDY GUIDE

I. Definition
Define or give the meaning of the following:
1. Condonation or remission of debt
- The gratuitous abandonment by the creditor of his right against the debtor. It
is thus a form of donation.
2. Inofficious remission
- When the remission given is more than that which the creditor can give by
will.
II. Discussions
1. Give the requisites in order that a condonation or remission of debt may be valid.
- According to Article 1270, for condonation or remission to be valid, the
following requisites must concur: the existence of a demandable debt.
Renunciation of the debt is purely gratuitous, acceptable of the condonation or
remission by the debtor, formalities required by law a donation must complied
with, what has been condoned or remitted must not be inofficious.
2. When is the condonation or remission of debt considered inofficious? What is the
remedy of the party adversely affected whereby?
- According to Art. 1270, the condonation or remission of the debt is considered
inofficious if it is more than that which the creditor can give by will. The
remedy is that the testamentary dispositions which impair the legitimate shall
be reduced on petition of the heir.
III. Problems
Explain or state briefly the rule or reason for your answer.
1. D (debtor) borrowed money from C (creditor) evidenced by a promissory noted
signed by D.
a. What presumption arises if:
i. The promissory note is voluntarily given by C to D?
 According to Article 1271, the delivery of a private credit
evidencing a credit, made voluntary by the creditor to the debtor,
implies the renunciation of the action which the former had against
the latter. Thus the presumption is that C has renounced his rights
against D and a remission of debt occurred.
b. When will the presumption of remission arise?
 According to Article 1271, whenever the private document in which
the debt appears in found in the possession of the debtor, it shall
presumed that the creditor delivered it voluntarily, Thus it is presumed
that C delivered the promissory note to D and the debt has been
remitted.
2. Suppose in the same problem, the debt of D, aside from being guaranteed by G, is
secured by a pledge of a certificate of shares of stock delivered by D to C. What
presumption arises if:
a. The debt of D is condoned by C?
 According to Article 1273, the renunciation of the principal debt shall
extinguish the accessory obligation. Thus, if C condoned the debt, then
the guaranty and security is likewise extinguished.
b. The certificate is later found in the possession of D?
 According to Article 1271, it is presumed that the accessory obligation
of pledges has been remitted when the thing pledged after its delivery
to the creditor, is found in the possession of the debtor. Thus, is it
presumed that D’s pledge of shares by stock has been remitted.

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy