Remission or Condonation. Article 1270-1274. Extinguishment of Obligations.Obligations & Contracts.

The video introduces condonation or remission as the third mode of extinguishment of obligation, covered by Articles 1270-1274. Condonation is defined as the gratuitous abandonment by the creditor of their right, essentially a form of donation requiring acceptance by the obligor. It can be express or implied and must comply with donation rules, especially for express condemnation.

Five essential requisites for condonation or remission are outlined: 1) It must be gratuitous, motivated by the creditor's liberality; 2) It must be accepted by the obligor, making it a bilateral act; 3) Both parties must have the legal capacity to enter into the transaction; 4) It must not be inofficious (excessive), meaning it cannot prejudice compulsory heirs; and 5) If made expressly, it must comply with the formalities of donations, such as being in a public instrument for real property or a last will and testament.

Remission is categorized by its extent (total or partial), form (express, either verbally or in writing, or implied through conduct), and date of effectivity (inter vivos, taking effect during the donor's lifetime, or mortis causa, taking effect upon the donor's death, similar to a will).

Article 1271 establishes a presumption that the voluntary delivery of a private document evidencing a credit by the creditor to the debtor implies the renunciation of the creditor's action. This is a presumption of implied remission. The debtor or their heirs can uphold this waiver by proving the delivery was made in virtue of payment, challenging any claim of inofficiousness. The key is that the delivery must be voluntary.

Article 1272 complements Article 1271 by stating that if a private document showing the debt is found in the debtor's possession, it is presumed the creditor delivered it voluntarily, unless proven otherwise. This presumption applies to the voluntary delivery itself, not the remission.

Article 1273 clarifies that the remission of the principal debt extinguishes accessory obligations, following the principle that the accessory follows the principal. However, the waiver of an accessory obligation does not extinguish the principal obligation, which remains in force. An example is given where the remission of a guarantor's obligation does not affect the principal debt.

Article 1274 specifically deals with pledges, stating that it is presumed the accessory obligation of a pledge has been remitted when the pledged item, after being delivered to the creditor, is found in the possession of the debtor or a third person who owns the thing. This presumption, however, only applies to the accessory obligation of pledge, not the principal debt itself.