hi guys and welcome to part four of the law on extinguishment of obligations specifically we will be talking about pawn donation or remission okay so if you've been enjoying my videos and you want to see more please hit the subscribe button okay now a reminder for my regular viewers this series is meant to be for educational or informative purposes only and is not a substitute for proper legal advice for my students please remember that this is not a substitute for actually studying and understanding the law okay now let's define what a fun donation or remission is it is a gratuitous abandonment by the creditor of his right against the debtor okay so I said it's a gratuitous abandonment so a condemnation or remission necessarily takes on the form of the nation's and subject to the rules thereon okay so what is the requisites in order for there to be a valid condition or a mission first of all it must be go to widows okay in other words it's not subject to a burden like payment of money or any other build a second there must be acceptance by the debtor since condemnation or omission is in fact a donation okay third both parties the creditor in the debtor must have capacity to Kandra fourth the condemnation or omission must not be enough issues now let's pause for a while and talk about what this in aphasias means okay this reading of issues it simply means that a person cannot give away by the nation or condemnation or omission what he cannot give away under a will okay if you watched my previous video you will know that a person can only give away by will the free portion of his estate and how do we arrive at that proportion by first satisfying the ledge themes of the compulsory hair to find out more about the legends and related concepts please take a look at my video on the law on succession specifically what do you leave behind or gain from a will okay now let's move on to the final requisite for condemnation or omission to be valid and it's that in case the condemnation or omission is done expressly then it must comply with the form of the nation's and what is the form of donations in case if it has a movable property and the donation is done orally there must be simultaneous delivery of the thing or the document evidencing ownership over the thing now if in case the moveable exceeds if the value of the moveable exceeds five thousand pesos then the donation and the acceptance must be in writing okay now what if the thing donated is immovable then it must be in a public document okay we just briefly passed upon those holes in donation which can be a proper subject of a different video now let's move on to the presumptions established by law when it comes to coordination or omission first now we have what is called an implied remission earlier I said that there was a form of condemnation or omission that is expressed now let's move on to the Father implied remission okay there can be implied remission when there is voluntary delivery of a private document evidencing incredible by the creditor to the debtor Kate why because is that private document evidencing that relative is in the hands of the debt or we can safely presume that the creditor no longer intends to enforce the document with us in order for the creditor to enforce the document he must still have it and show it to court as evidence okay second presumption if a private document evidencing the credit is in the possession of a debtor then it is presumed that the little delivery by the creditor to the debtor was done voluntarily in case the debt is not yet paid okay but if the debt is paid the presumption is different the perception in that case will be that payment was made but for our purposes in case the the data's that have been paid if the debtor has possession of the private document evidencing the credit then the presumption is the creditor deliberated voluntarily next we first discuss the principle that the accessory follows the principle okay if you remember we have different kinds of contracts no the principle contracts and the accessory contracts okay an accessory contract cannot survive without a principal contract an example of a principal contract would be the contract of sale okay and an accessory contract would be a probably contract of guarantee or chattel mortgage in case of personal property okay so now what is the rule in case the creditor announces the principal obligation he likewise is presumed to have renounced the accessory obligations following the rule that the accessory follows the principle but take note that the converse is not correct okay the principle does not follow the accessory in other words if it is the accessory obligations that the that the creditor has renounced the principal obligation or Kandra will still subsist okay okay finally the last point that I want to discuss here is in case of a contract of Blades a contract of pledge which I will be discussing in a different video is a security contract no a contract of security whereby which involves personal property no so that the accessory obligation of planes is likewise remitted no or condone if in case after the thing subject of page has been delivered to the creditor it is suddenly found again in the possession of the debtor or of a third person who actually owns him okay so that is the presumption so that's it for condemnation in remission please look out from a next video on compensation thank you