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Payment
not only the
delivery of money but also the
performance, in any other manner,
of an obligation.
debt
shall not be understood to have
been paid unless the thing or service in
which the obligation consists has been
completely delivered or rendered,
as the case may be.
Art. 1234
If the obligation has been
substantially performed in good
faith, the obligor may recover as
though there had been a strict and
complete fulfillment, less damages
suffered by the obligee
the obligation is deemed fully complied with
When the obligee accepts the
performance, knowing its
incompleteness or irregularity,
and without expressing any protest or
objection,______________________________.
person in whose favor the obligation has been constituted
Payment shall be made to the ___________________ or his successor in interest, or any person authorized to receive it.
debtor
Payment made in good faith to any
person in possession of the credit
shall release the ______
Art. 1244
The debtor of a thing cannot compel the
creditor to receive a different one,
although the latter may be of the same
value as, or more valuable than that
which is due.
In obligations to do or not to do, an act
or forbearance cannot be substituted
by another act or forbearance against
the obligee's will.
Art. 1246
When the obligation consists in the delivery
of an indeterminate or generic thing,
whose quality and circumstances have
not been stated, the creditor cannot
demand a thing of superior quality.
Neither can the debtor deliver a thing of
inferior quality.
liquidated, unliquidated
However, when the debt is in part
______ and in part ______, the
creditor may demand and the debtor may
effect the payment of the former without
waiting for the liquidation of the latter
Payment
shall be made in the place
designated in the obligation
Loss of the Thing Due
An obligation which consists in the
delivery of a determinate thing
shall be extinguished if it should be
lost or destroyed without the fault
of the debtor, and before he has
incurred in delay
obligor
When by law or stipulation, the _____
is liable even for fortuitous events,
the loss of the thing does not
extinguish the obligation, and he
shall be responsible for damages.
Art. 1263
In an obligation to deliver a generic
thing, the loss or destruction of
anything of the same kind does not
extinguish the obligation.
Art. 1264
The courts shall determine whether,
under the circumstances, the partial
loss of the object of the obligation
is so important as to extinguish
the obligation.
Art. 1265
Whenever the thing is lost in the
possession of the debtor, it shall be
presumed that the loss was due to
his fault, unless there is proof to the
contrary, and without prejudice to the
provisions of article 1165. This
presumption does not apply in case of
earthquake, flood, storm, or other
natural calamity.
