What are the requisites of compensation?

What are the essential requisites of compensation?

Under Article 1279, in order for legal compensation to take place, the following requisites must concur: (a) that each one of the obligors be bound principally, and that he be at the same time a principal creditor of the other; (b) that both debts consist in a sum of money, or if the things due are consumable, they be …

What are the requisites of an obligations?

Every obligation has four essential elements: an active subject; a passive subject; the prestation; and the legal tie. The ACTIVE SUBJECT is the person who has the right or power to demand the performance or payment of the obligation. He is also called the obligee or the creditor.

What are the elements or requisites in order that a person may acquire a right of action in court against another to enforce the performance of the latters obligation?

In order that one may claim to have a cause of action, the following elements must concur: (1) a right in favor of the plaintiff by whatever means and under whatever law it arises or is created; (2) an obligation on the part of the named defendant to respect or not to violate such right; and (3) an act or omission on …

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What is compensation in extinguishing an obligation?

What is compensation? It is a mode of extinguishing to the concurrent amount, the obligations of those persons who in their own right are reciprocally debtors and creditors of each other (Art.

What are the requisites of a fortuitous event?

In general, to exempt the obligor from liability for a breach of an obligation by reason of a fortuitous event, the following requisites must concur: (a) the cause of the breach of the obligation must be independent of the will of the debtor; (b) the event must be either unforeseeable or unavoidable; (c) the event must …

What is Article 1156 all about?

Art. 1156. An obligation is a juridical necessity to give, to do or not to do. (

Is there a required form of obligations?

In legal terminology, there are several forms of obligation, including: absolute obligation. contractual obligation. … moral obligation.

What is object or prestation?

The prestation to do is a positive personal obligation. … It refers to the duty to abstain from doing an act and includes the obligation not to give. An object (subject matter) is a thing, service, or right that constitutes the prestation of an obligation in a contract.

What are the requisites in order that a person may be considered as principal?

To be a principal by indispensable cooperation, one must participate in the criminal resolution, a conspiracy or unity in criminal purpose and cooperation in the commission of the offense by performing another act without which it would not have been accomplished.

What are the requirements for the exercise of one’s rights and in the performance of an obligation?

Every person must, in the exercise of his rights and in the performance of his duties, act with justice, give everyone his due, and observe honesty and good faith. ARTICLE 20. Every person who, contrary to law, wilfully or negligently causes damage to another, shall indemnify the latter for the same.

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What are the 3 kinds of delay in law?

There are three kinds of delay namely:

Always keep in mind that the debtor can only have an obligation to give, to do, and not to do, so he can only be delayed between the two, to give and to do, because there is no delay in not to do. One cannot be in delay for not doing at all.