I'm Giancarlo Enrico S. Pozon, a Wushu instructor, investor and Barrister... That's right, Barrister; I graduated from law school and took the Bar Exams, now I'm waiting for the results. I created this blog to make Philippine Law easy to understand for the average person. It's all about free legal advice. There are many law blogs. But the problem is that many of them are written for lawyers and law students. They use words that can't be understood by ordinary people.
Many lawyers, judges and law students consider themselves as superior to most human beings because of their knowledge of the law. It bothers me since the law is supposed to serve society. Since the law is meant to serve society as a whole, it is important that is must be understood by everybody.
This does not mean that we should all become lawyers. It means that although law is a highly specialized profession, the first duty of everybody in this profession is to make the law understandable to all; that's why all these articles are free legal advice.
Like I said, this blog is about law -but it's for the ordinary people, not the lawyers. It's for the ordinary folk so they will know what is good and bad for them, and that making them aware of the law will help us all improve society as a whole. This is free legal advice for everybody!
Art. 1231 of the Civil Code lists 10 causes for extinguishing obligations. This list is not exclusive, and there are parts of the Civil Code that also provide for causes for the extinguishing of obligations. There are also cases that serve as a basis for the rationale be hind extinguishing obligations.
Art. 1231 Causes
1.) Payment or performance
2.) Loss of the thing due
3.) Condonation/remission of the debt
4.) Merger of the rights of the creditor and debtor in the same person (also called confusion)
5.) Compensation
6.) Novation
7.) Annulment
8.) Recission
9.) Fulfillment of a resolutory condition (also found in Art. 1179, Civil Code)
10.) Prescription (also in Art. 1139, Civil Code)
Other Causes
1.) Waiver/renunciation by the creditor (Art. 6, Civil Code)
2.) Mutual agreement/mutual dissent (mutuo disenso) (Saura Import & Export vs. DBP, 44 SCRA 445)
3.) Compromise (Art. 2028, Civil Code)
4.) Fulfillment of a resolutory term (Art. 1193, Civil Code)
5.) Death of a debtor when the obligation is purely personal (like an obligation to render personal services)
6.) Decision or will of one of the parties in certain contracts like agency, partnership and lease of services
7.) Happening of unforeseen events (Art. 1165 par. 3 &1174, Civil Code)
8.) Abandonment of the property charged with an obligation like the abandonment of an interest in a party wall (Art. 662, Civil Code)
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