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Oblicon Reviewer

 Oblicon Reporter Essay

We. EXTINGUISHMENT OF OBLIGATIONS REPAYMENT OR FUNCTIONALITY ART 1232 – " Payment means not only the delivery pounds but likewise the performance, in any various other manner of an obligation”

a. ) id of prestation - the actual thing or service due must be shipped or produced b. ) integrity – prestation has to be fulfilled entirely

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It is the completion of the prestation due that extinguishes the duty by the understanding of the uses for which it absolutely was constituted It is a juridical take action which is non-reflex, licit to make with the intent to extinguish an obligation Requisites:

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a. ) individual who pays m. ) anybody to whom repayment is made c. ) one thing to be paid out d. ) the manner, time and place of payment etc

Time of payment – the repayment or performance must be within the date agreed (may be produced even upon Sundays or on virtually any holiday, although some states such as the Negotiable Devices Law says that repayment in such case can be made on the next doing well business day) The burden of proving which the obligation has become extinguished by payment devolves upon the debtor whom offers such a security to the claim of the plaintiff creditor The issuance of your receipt is known as a consequence of usage and good faith which will must be noticed (although our Code does not have any provision upon this) and the refusal from the creditor to issue a receipt with no just trigger is a ground for consignation under Fine art 1256 ( if a receipt has been released by paye, the accounts alone of payer will be insufficient to prove so-called payments)

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The paying and also the one receiving should have the requisite capacity Kinds:

ART 1234 – " If the obligation continues to be substantially performed in uberrima fides, the obligor may restore as though generally there had been a strict and complete fulfillment, much less damages suffered by the obligee”

a. ) regular –when the debtor under your own accord performs the prestation stipulated b. )abnormal – if he is compelled by means of a legislativo proceeding possibly to abide by prestation in order to pay indemnity ART 1233 – " A financial debt shall not be understood to acquire been paid out unless one thing or assistance in which the oligatoin consists has been completely sent or made, as the truth may be”

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States two requisites of payment:

To ensure that there may be significant performance of an obligation, there must have been an effort in good faith to perform, with no willful or intentional leaving therefrom The non-performance of the material element of a contract will prevent the functionality from amounting to a substantial compliance A party who knowingly and willfully fails to execute his agreement in any respect, or perhaps omits to do a materials part of it cannot be allowed under the safety of this regulation to force the other party to perform; as well as the trend with the more recent decisions is to hold that the percentage of omitted or abnormal performance may well in associated with itself be sufficient showing that there's not recently been a substantial performance The party who has considerably performed might enforce particular performance from the obligation of some other party or perhaps may restore damages for their breach after an claims of efficiency, without evidence of complete satisfaction.

The other party, alternatively, may simply by an independent action before he is sued, or perhaps by a counterclaim after beginning of a match against him, recover from the first party the problems which he has continual by the latter's failure to completely fulfill his obligation

ART 1235 – " When the oblige accepts the performance, knowing its incompleteness or anomaly, and without revealing any protest or doubt, the obligation is definitely deemed fully complied with”

In the event the debt continues to be remitted, paid out compensated or prescribed, a payment with a third person would amount to a repayment of precisely what is not due; his solution would be against the person who received the payment under this sort of conditions rather than against the debtor who would not benefit from the...

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