Professional Documents
Culture Documents
Requisites:
not inofficious
Forms of donations
Movables below P5,000- oral or in writing
Movables P5,000 and above- writing
Immovables- public instrument with
acceptance during the lifetime of the donor
Statute of Frauds
usufruct= usufructuary vs. naked owner
Extent
- complete
- partial
Form
- express
- implied (Art. 1271)
Date of effectivity
- inter vivos
- mortis causa
Requisites:
Confusion
Compensation
Only one person who is a creditor and 2 persons are involved, each of whom
debtor of himself
One obligation
2 obligations
Extent/effect
1. total (Art. 1281)
2. partial (Art. 1281)
Cause/origin
1. legal (Art. 1279) ipso jure= by operation of
law
Assignment with the knowledge but without the consent of the debtor :
Debtor may set up the compensation of debts previous to the cession, but not
of subsequent ones.
Debtor may set up the compensation of all credits prior to the assignment
and also later ones until he had knowledge of the assignment
Form
express or implied
Origin
legal or conventional
Object
real, personal or mixed
Effect
total or partial
Test of incompatibility
Kinds:
(a)Expromision-
clearly established