Obligations and Contracts

Special Form of Payment: CONDONATION

What are the requisites of condonation?

 

1. Must be Gratuitous;

2. Acceptance by the debtor;

3. Must not be Inofficious;

4. Formalities provided by law on Donations must be complied with if condonation is express; and

5. An Existing demandable debt.

 

Can there be a unilateral condonation?

 

No. Since it is a donation of an existing credit, considered a property right, in favor of the debtor, it is required that the DR gives his consent thereto by making an acceptance. If there is no acceptance, there is no condonation. (Pineda, Obligations and Contracts, 2000 ed, p. 267)


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