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CONDONATION/REMISSION OF THE DEBT – gratuitous abandonment of debt; right to claim; donation; rules of donation applies; express or implied
REQUISITES:
a. There must be an agreement
b. There must be a subject matter (object of the remission, otherwise there would be nothing to condone)
c. Cause of consideration must be liberality (Essentially gratuitous, an act of liberality )
d. Parties must be capacitated and must consent; requires acceptance by obligor; implied in mortis causa & expressed inter vivos
e. Formalities of a donation are required in the case of an express remission
f. Revocable – subject to rule on inofficious donation ( excessive, legitime is impaired ) & ingratitude & condition not followed
g. Obligation remitted must have been demandable at the time of remission
h. Waivers or remission are not to be presumed generally
REQUISITES:
a. There must be an agreement
b. There must be a subject matter (object of the remission, otherwise there would be nothing to condone)
c. Cause of consideration must be liberality (Essentially gratuitous, an act of liberality )
d. Parties must be capacitated and must consent; requires acceptance by obligor; implied in mortis causa & expressed inter vivos
e. Formalities of a donation are required in the case of an express remission
f. Revocable – subject to rule on inofficious donation ( excessive, legitime is impaired ) & ingratitude & condition not followed
g. Obligation remitted must have been demandable at the time of remission
h. Waivers or remission are not to be presumed generally
