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Case Analysis on Chapter 4

 Extinguishment of Obligations

 Dela Rea, Kimmi F.

 Mapua Institute of TechnologySchool of Electrical, Electronics and Computer Engineering 

 Muralla St. Intramuros, Manila

kdelarea32@yahoo.com

 

This paper is a Case Analysis on Chapter 4 – 

Extinguishment of Obligations. The problems assigned to

Group 8 are in the following

!roblem "

#$debtor% owes C $&reditor% !"'(''' with G as

guarantor. On the due date of the obligation( T( a third

person( offered to pay the obligation of #. Can C legally

refuse to a&&ept the payment) *ow about an offer of 

payment from G)

!roblem +

, $ma-er% issued a promissory note for !"'('''

in faor of ! $payee% who lost the note whi&h was found by

T who demands payment from ,. , did not -now that the

note was lost by !. /s , 0ustified in paying T)

ARTICLES RELATED ON THE PROBLEMS

Arti&le "+12

The creditor is not bound to accept payent or 

 per!orance by a third person "ho has no interest in the!u#!i##ent o! the ob#i$ation% un#ess there is a stipu#ation to the

contrary&

'hoe(er pays !or another ay deand !ro the

debtor "hat he has paid% e)cept that i! he paid "ithout the*no"#ed$e or a$ainst the "i## o! the debtor% he can reco(er 

on#y inso!ar as the payent has been bene!icia# to the debtor&

Arti&le "+4+

Payent ade in $ood !aith to any person in possession o! the credit sha## re#ease the debtor&

PROBLEMS 'ITH ANS'ERS

!roblem "

#$debtor% owes C $&reditor% !"'(''' with G as

guarantor. On the due date of the obligation( T( a third 

person( offered to pay the obligation of #. Can C legally

refuse to a&&ept the payment) *ow about an offer of 

payment from G)

+,es% C can re!use to accept the payent o! T& The

third person ay ha(e the payent o! P-.%... but the creditor ay insist on his ri$ht on the #iabi#ity o! debtor& In Artic#e

-/01 par& - % 2The creditor is not bound to accept payent or  per!orance by a third person "ho has no interest in the

!u#!i##ent o! the ob#i$ation% un#ess there is a stipu#ation to the

contrary&3 It "as not stated in the prob#e any speci!ied

re4uireent or stipu#ation !or T% C can re!use to accept the payent o! T& A#so% creditor shou#d not be cope##ed to accept

 payent !ro a third person due to persona# reasons&

+,es% C can accept the payent !ro 5& As 5 bein$

the $uarantor% "hich is a person "ho has an interest in theob#i$ation& A$ain stated in Artic#e -/01 par& -% the creditor 

ay re!use to accept payent third person "ho has no interest

in the !u#!i##ent on the ob#i$ation& The $uarantor has theinterest in the ob#i$ation "hich ay #ead to creditor6sacceptance o! payent !ro 5&

!roblem +

, $ma-er% issued a promissory note for !"'('''

in faor of ! $payee% who lost the note whi&h was found by

T who demands payment from ,. , did not -now that the

note was lost by !. /s , 0ustified in paying T)

3,es& In Artic#e -/7/% 2Payent in $ood !aith to any

 person in possession o! the credit sha## re#ease the debtor& 2

'ith the possession o! the proissory note o! T% M shou#d pay

the aount o! P-.%... stated in the proissory note& I! M did

not *no" that P #ost the note% so it "i## be under the payentin $ood !aith& A!ter payin$ the aount o! P-.%... to T% M is

not #iab#e anyore to any payents to P&

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89ESTIONS TO THE PRESENTERS

Prob#e -

I! C accept the payent o! T% is the ob#i$ation o! D to

C can be rep#aced to T:

+No% i! T paid to C and accepts it "ithout the

*no"#ed$e o! D% the ob#i$ation to T is not (a#id& It is stated in

Artic#e -/0; that 2 'hoe(er pays on beha#! o! the debtor "ithout the *no"#ed$e or a$ainst the "i## o! the #atter cannot

cope# the creditor to subro$ate hi in his ri$hts% such as

those arisin$ !ro a ort$a$e% $uaranty% or pena#ty&3 The

subro$ation "i## not ta*e p#ace to T because D didn6t *no"that he paid his debt to C and C accepted it&

Prob#e /