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Write true if the statement is accurate. If the statement is false , cite the reason/s . Payment does not signify the effective performance of
Write true if the statement is accurate. If the statement is false , cite the reason/s .
- Payment does not signify the effective performance of the agreed prestation.
- One of the essential elements of payment as a mode of extinguishing obligation is integrity, that is, the payment can either be partial or full.
- As a rule, 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 make partial performance even there is no 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 exceptions.
- The obligation is deemed extinguished under the principle of substantial performance when the obligation has been substantially performed and the debtor performed the obligation in good faith.
- In order that the obligation be considered substantially performed in good faith, there must have been an honest attempt to perform, without any willful or intentional departure therefrom.
- Under the principle of substantial compliance, the debtor is completely released from the obligation despite 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 fully complied with when the obligee accepts the performance, knowing the incompleteness or irregularity , and without expressing any protest or objection. This is based on the principle of waiver and estoppel.
- 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 not beneficial 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 creditor.
- The right to subrogation is the same with the right to reimbursement.
- If the third person who pays the obligation has interest in the fulfillment, he is not subrogated in the rights of the creditor, when the payment is made without debtor's consent.
- The payor need not be the owner of the thing which he delivers in payment.
- Payment made to the creditor by the debtor after the latter has been judicially ordered to retain the debt shall be valid.
- In order that payment may be valid, the person to whom it is made must have the capacity to receive it, meaning he must have the capacity to manage or administer his property.
- One of the essential ingredients of payment as a mode of extinguishing obligations is the identity of the protestation, which means that the very thing due must be delivered or released.
- In obligations to do or not to do, an act or forbearance cannot be substituted by another act or forbearance against the creditor's will.
- The parties may agree that the obligation or transaction shall be settled in a currency other than Philippine currency at the time of payment.
- A check whether a manager's check or ordinary check is not a legal tender, and an offer of a check in payment of a debt is not a valid tender of payment and may be refused receipt by the obligee or creditor.
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