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    Who Is Liable To Make The Payment

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    CJ Corpuz
    The document discusses payment and performance of obligations under the Civil Code. It defines that payment refers to delivering money to extinguish an obligation, while performance can also refer to fulfilling an obligation by giving a thing or doing or not doing an act. As a general rule, the debtor is responsible for payment or performance. However, a third party can pay if they have an interest in fulfilling the obligation or if there is an agreement allowing it, though the creditor has the right to refuse payment from an uninterested third party.

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    Who Is Liable To Make The Payment

    Uploaded by

    CJ Corpuz
    177 views4 pages
    The document discusses payment and performance of obligations under the Civil Code. It defines that payment refers to delivering money to extinguish an obligation, while performance can also refer to fulfilling an obligation by giving a thing or doing or not doing an act. As a general rule, the debtor is responsible for payment or performance. However, a third party can pay if they have an interest in fulfilling the obligation or if there is an agreement allowing it, though the creditor has the right to refuse payment from an uninterested third party.

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    Who is liable to make the payment

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    The document discusses payment and performance of obligations under the Civil Code. It defines that payment refers to delivering money to extinguish an obligation, while performance can also refer to fulfilling an obligation by giving a thing or doing or not doing an act. As a general rule, the debtor is responsible for payment or performance. However, a third party can pay if they have an interest in fulfilling the obligation or if there is an agreement allowing it, though the creditor has the right to refuse payment from an uninterested third party.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    177 views4 pages

    Who Is Liable To Make The Payment

    Uploaded by

    CJ Corpuz
    The document discusses payment and performance of obligations under the Civil Code. It defines that payment refers to delivering money to extinguish an obligation, while performance can also refer to fulfilling an obligation by giving a thing or doing or not doing an act. As a general rule, the debtor is responsible for payment or performance. However, a third party can pay if they have an interest in fulfilling the obligation or if there is an agreement allowing it, though the creditor has the right to refuse payment from an uninterested third party.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 4

    Pag sinabing payment na mode of extinguishing an obligation it may refer to delivery of money or

    performance in any other manner of an obligation.

    So pwede yung layman’s term na alam natin

    Pag payment pagbabayad ng pera.

    Pero under the civil code pag sinabing payment it may also refer to performance kaya sinabing
    payment or performance.

    Kapag sinabing performance it may consist giving of a thing or doing or not doing an act.

    So tandaan natin technically speaking pag payment obligation --- to give.

    Pero kapag performance obligations ----- to do.

    Who is liable to make the payment?

    Sino ba ang dapat magbayad?

    Sino ang may liability na magbayad?

    Payment by whom?

    Sino ba? Syempre si DEBTOR

    Representative or agent of the debtor

    Estate through the administrator or executor

    Kung titignan mo tong dalawa na to in a way. Extension ng personality ni debtor kaya si debtor
    talaga.

    Ang malaking problema jan kung hindi si debtor kung 3rd person

    Pwede mo bang obligahin?

    Pwede bang magbayad ang third person na hndi naman debtor?

    Sa civil code ng extinguishing of obligation dapat ngayon pa lang ma distinguished mo na pag


    sinabing third person.

    Pag third person .


    may sinasabi tayong third person interested in the fulfillment of the obligation and a third person
    not interested in the fulfillment of the obligation.

    Pano natin malalaman kung interested or not interested?

    Interested sya in the fulfillment of obligation kung pag si debtor hindi nakabayad si debtor sya yung
    hahabulin.

    Tanungin natin yung sarili natin kung tong 3rd person ba na to kapag hindi nakabayad si debtor
    mahahabol ba sya?

    Kung sagot mo oo interested yon. 3rd person interested in the fulfillment of the obligation

    Kung sagot mo hndi not interested yon.

    Eto yung related article basahin natin.

    (article 1236)

    The creditor is not bound to accept payment or performance by a third person who has no interest
    in the fulfillment of the obligation, unless there is a stipulation to the contrary.

    Whoever pays for another may demand from the debtor what he has paid, except that if he paid
    without the knowledge or against the will of the debtor, he can recover only insofar as the payment
    has been beneficial to the debtor.

    Unahin natin yung first paragraph. Pag binasa mo tong article 1236

    You will see that creditor has the right to refuse payment by a third person.

    And sabi diyan the creditor is not bound to accept payment or performance by a third person.

    So you can conclude that the creditor has the right to refuse payment by a third person.

    Except in two instances.

    No.1 if there is stipulation na pwede syang tumanggap or may magbabayad na third person.

    Eto yun oh unless there is a stipulation to the contrary.

    No. 2 if the third person has an interest in the fulfillment of the obligation
    Babaliktarin mo lang. kase sabi dito. The creditor is not bound to accept mula sa third person who
    has no interest.

    So pwedeng ma bound si creditor to accept payment if the third person has an interest in the
    fulfillment of the obligation

    Pero as general rule the creditor should not be ocumpelled to accept payment from a third person.

    Bakit?

    Kasi baka yung third person ayaw nya or baka d nya gusto kaya nga nakipag kontrata sya kay debtor
    hndi naman dun sa third person.

    So nirerespeto ng batas yung kagustuhan ng creditor. Yun yung meaning ng article nay an

    For example.

    Nagpautang ka sa kaibigan mo kasi gusto mo syang kausap pero kung may bigla naman eeksena na
    magbabayad on behalf nung kaibigan mo na ayaw mo naman kausap. May karapatan kang hindi
    tanggapin yon or hindi kausapin yon.

    Yun yung meaning nyan.

    Kasi baka ayaw nya ng connection na kahit ano pa dun sa third person na yon.

    Kaya tandaan nyo as a general rule!

    The creditor cannot be cumpeled to accept payment from a third person.

    Otherwise stated..

    The creditor has the right to refuse payment by a third person.

    Except in two instances.

    No.1 if there is stipulation

    No. 2 if the third person has an interest in the fulfillment of the obligation
    Next article tayo.

    ARTICLE 1237

    Whoever pays on behalf of the debtor without the knowledge or against the will of the latter
    (debtor) cannot compel the creditor to subrogate him in his rights, such as those arising from a
    mortgage, guaranty, or personality.

    Kaya kung titignan mo related yung second paragraph ng article 1236 at 1237

    Ngayon hihimayin natin yan!

    PAYMENT OR PERFORMANCE

    Person from whom the creditor must accept payment .

    na summarize na natin yan syempre kay debtor.

    Any person who has an interest in the obligation

    And third person who has no interest in the obligation when there is stipulation that he can make a
    payment.

    Ngayon tignan natin yung effect ng payment by a third person who has no ineterst and there is no
    stipulation that he can make a payment.

    Yun yung second paragraph ng 1236 at 1237

    Eto yon!

    So titignan mo to.

    Ang tinutukoy ditto na third person

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