Overview
This lecture explains the concept of condonation (remission) as a mode of extinguishing obligations, including its legal requirements, presumptions, and related rules.
Definition and Nature of Condonation or Remission
- Condonation or remission is the gratuitous abandonment by the creditor of their right against the debtor.
- It is considered a form of donation and is subject to donation rules.
Requisites for Valid Condonation or Remission
- Must be gratuitous, meaning without any burden or consideration.
- Requires acceptance by the debtor, similar to other donations.
- Both creditor and debtor must have legal capacity to contract.
- Condonation or remission must not be "inofficious" (cannot give away more than what is allowed under succession law).
- If express, it must comply with the legal form for donations:
- For movables: oral if simultaneous delivery occurs; written if value exceeds 5,000 pesos.
- For immovables: must be in a public document.
Implied Remission and Legal Presumptions
- Implied remission occurs when the creditor voluntarily delivers a private document evidencing the credit to the debtor.
- When the debtor possesses this private document and the debt is unpaid, it is presumed delivered voluntarily by the creditor.
- If the debt is already paid, the presumption is that payment has occurred.
Principle and Accessory Obligations
- The accessory obligation (e.g., guarantee, pledge) follows the principal obligation; if the principal is condoned, the accessory is presumed condoned too.
- The converse does not apply; renunciation of the accessory does not extinguish the principal.
Special Cases: Pledge
- In a contract of pledge, if the pledged item returns to the debtor or owner after delivery to the creditor, it is presumed that the pledge is remitted or condoned.
Key Terms & Definitions
- Condonation/Remission — Gratuitous abandonment by a creditor of their right against a debtor.
- Gratuitous — Without payment or consideration; free.
- Inofficious — Not allowed by law, such as giving away more than the free portion of an estate.
- Principal Obligation — The main contract or obligation.
- Accessory Obligation — An obligation dependent on a principal obligation (e.g., guarantee, pledge).
- Implied Remission — Presumed forgiveness of an obligation based on circumstances rather than explicit words.
Action Items / Next Steps
- Review the rules on donation for both movable and immovable property.
- Look out for the next video or lecture on compensation.
- Recommended: Study the law on succession regarding "legitime" and free portions of the estate.