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This Study Resource Was: Chapter 4, Sec.3: Condonation or Remission of Debt

This document discusses condonation or remission of debt under Philippine law. It defines condonation as the gratuitous abandonment of a creditor's right against the debtor, a form of donation. For condonation to be valid, there must be a demandable debt, a purely gratuitous renunciation by the creditor, acceptance by the debtor, and compliance with formalities for donations. Condonation is considered inofficious if excessive, and may be revoked or reduced depending on whether it is totally or partially inofficious. If a debtor's debt is guaranteed and secured by a pledge, condonation of the debt extinguishes both obligations, while finding the pledged certificate in the debtor's

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6K views1 page

This Study Resource Was: Chapter 4, Sec.3: Condonation or Remission of Debt

This document discusses condonation or remission of debt under Philippine law. It defines condonation as the gratuitous abandonment of a creditor's right against the debtor, a form of donation. For condonation to be valid, there must be a demandable debt, a purely gratuitous renunciation by the creditor, acceptance by the debtor, and compliance with formalities for donations. Condonation is considered inofficious if excessive, and may be revoked or reduced depending on whether it is totally or partially inofficious. If a debtor's debt is guaranteed and secured by a pledge, condonation of the debt extinguishes both obligations, while finding the pledged certificate in the debtor's

Uploaded by

Cresenciano Malabuyoc
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Chapter 4, Sec.

3: Condonation or Remission of Debt


I. DEFINITIONS
Define or give the meaning of the ff:
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.
Answer: According to Art. 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, acceptance of the condonation or remission by the debtor, formalities
required by law on donation must be 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

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remedy of the party adversely affected thereby?

er as
Answer: According to Art. 1270, if the condonation or remission made by the creditor is

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excessive or inofficious, it may be totally revoked or reduced depending on whether or

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not it is totally or only partially inofficious.

o.
III.PROBLEMS
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Explain or state briefly the rule or reason for your answer.

1. D (debtor) borrowed money to C (creditor) evidenced by a promissory note signed by D.


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(a) What presumption arises if:


aC s

1. The promissory note voluntarily given by C to D?


vi y re

Answer: The presumption is that C is renouncing his right from the credit.
2. It is found in the possession of D?
Answer: The presumption is that it was voluntarily delivered by C.
ed d

(b) When will the presumption of remission arise?


ar stu

Answer: The presumption is that it was voluntarily delivered by C.

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
is

arises if:
Th

(a) the debt of D condoned by C?

Answer: When the debt of D is condoned by C, the accessory obligation together with
sh

the principal will both be extinguished.

(b) the certificate is later found in the possession of D?

Answer: It is presumed that only the accessory obligation of pledge, which is the
certificate, is remitted, not the obligation itself. D shall continue to be indebted but does not have
to return the thing pledged.

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