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Law contract and partnership, Lecture notes of Law

NICE INTELLIGENT GOOD GREAT EXCELLENT RICH

Typology: Lecture notes

2022/2023

Uploaded on 08/31/2024

marky-lloydy
marky-lloydy 🇵🇭

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Article 1220
The article applies only when the remission covers the whole or entire obligation and the remission is
obtained by one of the solidary debtors without spending anything for its grant.
In case the remission is only partial, the solidary debtor who paid the unremitted part of the obligation is
entitled to reimbursement with respect only to the amount he actually paid.
Remitted (ipinadala (tag) (def) to pay back, A remittance is money that is sent from one party to another
Remission (def) The cancellation of a debt, charge, or penalty.
sakong nasabtan if ang nivolunteer ang usa na siya ray mobayad tapos ang
kadtong giutangan is gi kanselar or gi extinguish na niya ang utang kay di siya
entitled na mangayo og payment sa iyang kuyog sa mobayad unta sa utang kay
ni volunteer man siya na siya ra ang mobayad tapos wala paman pud siya
nibayad.
Example:
A and B are solidary debtors of C to the amount of P1,000,000. C remitted the whole obligation when A
offered to pay
Ang example dere si A unta ang mobayad in which nivolunteer siya peroo si C is iyahang gi cancel ang
utang tapos since si A wala paman nibayad so bisan si A ang ni volunteer nga siya ang mobayad di
gihapon siya kapangayo ug kwarta kang B sa katunga sa 1m since wala paman nakabayad si A kang C
before pag kanselar ni C sa utang.
Article 1221
If the thing has been lost or if the prestation has become impossible without the fault of the solidary
debtors, the obligation shall be extinguished.
If dili sala sa debtor = mawala or ma extinguish ang obligation
If there was fault on the part of any one of them, all shall be responsible to the creditor, for the price
and the payment of damages and interest, without prejudice to their action against the guilty or
negligent debtor.
If sala sa usa sa mga debtor = both sila ang sad an either ang sala dili sa us aka debtor madamay gihapon
siya since silang duha man ang responsible sa prestation na ipadala unta.
If through a fortuitous event, the thing is lost or the performance has become impossible after one of
the solidary debtors has incurred in delay through the judicial or extrajudicial demand upon him by the
creditor, the provisions of the preceding paragraph shall apply.
If fortuitous event after delay = A & B are bound solidary to deliver to the creditor jewelries worth of 10
million pesos (generic object). At maturity, the creditor demands the performance of B, but he fails to
perform and there was a delay. The creditor sues A and made to pay the price of the jewelries plus
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Article 1220 The article applies only when the remission covers the whole or entire obligation and the remission is obtained by one of the solidary debtors without spending anything for its grant. In case the remission is only partial, the solidary debtor who paid the unremitted part of the obligation is entitled to reimbursement with respect only to the amount he actually paid. Remitted (ipinadala (tag) (def) to pay back, A remittance is money that is sent from one party to another Remission (def) The cancellation of a debt, charge, or penalty.

sakong nasabtan if ang nivolunteer ang usa na siya ray mobayad tapos ang

kadtong giutangan is gi kanselar or gi extinguish na niya ang utang kay di siya

entitled na mangayo og payment sa iyang kuyog sa mobayad unta sa utang kay

ni volunteer man siya na siya ra ang mobayad tapos wala paman pud siya

nibayad.

Example: A and B are solidary debtors of C to the amount of P1,000,000. C remitted the whole obligation when A offered to pay Ang example dere si A unta ang mobayad in which nivolunteer siya peroo si C is iyahang gi cancel ang utang tapos since si A wala paman nibayad so bisan si A ang ni volunteer nga siya ang mobayad di gihapon siya kapangayo ug kwarta kang B sa katunga sa 1m since wala paman nakabayad si A kang C before pag kanselar ni C sa utang. Article 1221 If the thing has been lost or if the prestation has become impossible without the fault of the solidary debtors, the obligation shall be extinguished. If dili sala sa debtor = mawala or ma extinguish ang obligation If there was fault on the part of any one of them, all shall be responsible to the creditor, for the price and the payment of damages and interest, without prejudice to their action against the guilty or negligent debtor. If sala sa usa sa mga debtor = both sila ang sad an either ang sala dili sa us aka debtor madamay gihapon siya since silang duha man ang responsible sa prestation na ipadala unta. If through a fortuitous event, the thing is lost or the performance has become impossible after one of the solidary debtors has incurred in delay through the judicial or extrajudicial demand upon him by the creditor, the provisions of the preceding paragraph shall apply. If fortuitous event after delay = A & B are bound solidary to deliver to the creditor jewelries worth of 10 million pesos (generic object). At maturity, the creditor demands the performance of B, but he fails to perform and there was a delay. The creditor sues A and made to pay the price of the jewelries plus

damages and interest. A can recover only the share of B in the obligation and B will pay exclusively all the damages and interest because he is the one who is liable for the cause of delay. Article 1222 A solidary debtor may, in actions filed by the creditor, avail himself of all defenses which are derived from the nature of the obligation and of those which are personal to him, or pertain to his own share. With respect to those which personally belong to the others, he may avail himself thereof only as regards that part for which the latter are responsible. Kinds of Defenses

  1. Those derived from the nature of obligation (complete defense) Allen and Ben are solidarily liable to Cen in the amount of P20,000.00 The entire debt of Allen and Ben was paid by Dan. In an action by Cen against Allen, the latter can raise the defense of payment by virtue of which the obligation was extinguished. If si Allen sampahan man siyag action ni Cen he can raise a Complete Defense of Payment by virtue of which the obligation maextinguish kay nakompleto ni Allen thru Dan.
  2. Defenses personal to or which pertain to share of debtor sued. (a) if the action by Cen is against Ben, and Ben was insane at the time of the obligation was contracted, Ben can put up the defense of insanity with respect to the entire obligation. This defense is personal to Ben alone. It is a complete defense. Ma put up siya into complete defense and it nullifies the obligation or renders in ineffective kay tungod insane man siya ato na time when the obligation was contracted. (b) the non fulfillment of the condition is a partial defense Partial defense if non fulfillment of the condition can only be availed by Ben in respect sa iyang nabayad na bahin sa solidary condition. Si Cen maka demand sa portion sa obligation in which ang pasabot na bahin sa obligation na gipangayo ni Cen is kang Allen.
  3. Defenses personal to other solidary debtors. If ang duha ka example dili available kay A para ma release siya sa iyang liability sa iyang bahin sa obligation Si A maka avail ug defense in the part in which liable siya sa iyang share so Partial Defense rapud iyang ma avail nya liable gihapon siyag pila cost sa utang in which iyaha na nga bahin sa obligation. Thas all thenk u, iloveyou so much