write true if the statement is accurate, if statement is false cite the reason
8:55 1 908 ming . What's Due Instructions L.Write true if the statement is accurate. If the statement is false , cite the reason/s . 1. Payment does not signify the effective performance of the agreed prestation. . One of the essential elements payment as a mode of extinguishing obligation is integrity, that is, the payment can either be partial or ful As a fare, the creditor can be compelled to accept partial payment. By way of exceptions, the creditor can be compelled to accept, and the debtor can be required to m partial performance even there is po stipulation to that effect. . An obligation is extinguished by way of payment only when the thing or service in which the obligation consists has been completely delivered or rendered and the rule admits no . The obligation is deemed extinguished under the principle of substantial performance when obligation has been substantially performed and the debtor per the ob In order that thecall considered substantially performed in honest attempt to perform with any willful or intentional departure therefrom. Under theine . Under the principle of substantial compliance, the debtor is completely released from the obligation despite bic failure to completely his failure to completely perform the obligation and he may recover as though there had been a strict and complete fulfillment. . The obligation is deemed funny accents the performance knowing incompleteness of megtram and without expressing any protest or objection This is based on the principle of waiver and estoppel. 0. If the debtor's obligation is paid by another person, the third person is generally entitled to recover from the debtor what he has paid. . If a third person's payment is valencia to the debtor because the debt has been previously remitted, paid, or compensated or prescribed, the third person may still recover from the debtor what he has paid to the to subrogation is the with the right to reimbursement. B. If the third person who pays the obligation has interest in the fulfillment he is not subrogatin the rights of the creditor, when the payment is made without debtor's co 4. The payor need not be the owner of the thing which he delivers in payme 5. Payment made to the creditor by the debtor after the latter has been judicially ordered to retain the debt shall be valid. 6. In order that the person to whom am it is made must have the capacity to receive it, meaning he must have the capacity to manage or administer his property. 7. One of the essential ingredients of payment as a mode of extinguishing obligations is the identity of the protestation, which means that the yore thing dye e delivered or released. . In obligations to do or not to do, an act or forbearance cannot forbearance against the creditor's will 9. The parties may agree that the bungation of transaction shall be settled in a currency other than Philippine currency at the time of payment. or ordinary check is not a legal tender and an selleck in payment of a debt is not a valid tender of payment and may be refused receipt by the obligee or creditor. 1. Dation in payment involves non-alienation of property but just transfer of possession over the property by the debtor in favor of the creditor in satisfaction of a debt in money. 2. Dation in payment is exactly same with payment by 23. Dation in payment involves plurality of creditors. 24. In payment by cession, there is no plurality of creditors. 5. Payment by cession does not contemplate a situation where the debtor is indebted to several creditors and not under der state of insolvency. 6. Dation in payment extinguishes the obligation to the extent of the value of the thing delivered , either as of the thing delivered , elater as agreed upon by the parties or as may he proved in be proved, unless the parties by agreement - express or implied. or by their silence - consider the thing as equivalent to the oblig which case the obligation is totally extinguished. 27. In Dation in payment, it does not necessarily mean total extinguishment of the obligation. The obligation is totally extinguished only when the parties by agreement , express of implied , or by their silence, consider the thing as equivalent of the obligation. 3. Payment by cession contemplates of a situation where the debtor is ed to several creditors but he IS under a state of insolvency, or that the debtor is generally unable to pay his liabilities as they fall due in the ordinan course of business or has liabilities that are greater than his assets. the effect of payment that will extinguish the debtor's obligation. 10. A refusal to accept payment just cause is not equivalent to payment; to have the effect payment and the consequent extinguishment of the obligation to pay considering that the law requires the companion acts of tender of payment and consignation- ambragging the intention to pay without the accompanying payment is considered a valid tender of payment. Consignation is not anaya remedy for an unjust refusal to accept payment by the obligee, 3. In instances where no debt is and owing, consignation is Proper $4. When the payment was accepted the creditor. there is still need for. by consignation. 5. In an obligation to deliver a generic thing, the loss or destruction or anything of the same kind extinguishes the obligation. 5. In order for the obligation to O DE extinguished by reason of loss of un determinate thing, what is ess is that the loss be without the fault of the debtor. 7. To be exempt from liability by reason of fortuitous event, it is als essential that the debtor must be free from any participation in or aggravation of the injury to the creditor. 18. Remission is an act of liberality by which the creditor , who receives no price or equivalent thereof, releases the debtor from the obligation , either le or part, upon he latter's consent . 9. Remission oof debt is essentially gratuitous. 10. The remission of debt can be done either by way of an act inter vivos or an act mortis causa. 1. The remission of the principal debt does not result in the extinguishment of the accessory obligation/s 2. Merger which takes place in the person of the principal debtor of creditor does not benefit the guarantors. 3. Confusion which takes place in th person of the guarantors extinguishes the obligation. Any manner involy 14. Any merger involving the persons o the guarantor and the principal creditor will result in the extinguishment of the accessory obligation and the principal obligation. S Jungation. 5. Compensation , be it legal or conventional, does not require confluence in the parties the characteristics of mutual debtors and creditore HEGROT'S. difflike other modes of extinction of obligations, novation is a juridical act with a dual function - it extinguishes with a dual an obligation and create a new one in lieu of the old. 7. Subrogation is another form of xtinctive subjective novation which takes place when there is a change in the person of the creditor. B. Conventional subrogation is that which takes place by agreement of the
