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What is the condition for a third party to make a payment on behalf of the debtor?
What is the condition for a third party to make a payment on behalf of the debtor?
What happens to the original obligation between the creditor and the debtor when a third party makes a payment?
What happens to the original obligation between the creditor and the debtor when a third party makes a payment?
What is the consequence of a third party making a payment with the consent of the debtor?
What is the consequence of a third party making a payment with the consent of the debtor?
What is the term for a third party who pays a debt and assumes the rights of the original creditor?
What is the term for a third party who pays a debt and assumes the rights of the original creditor?
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What happens if a third party makes a payment without the consent of the debtor or the creditor?
What happens if a third party makes a payment without the consent of the debtor or the creditor?
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What is the term for a payment made to a person who appears to be the creditor but is not?
What is the term for a payment made to a person who appears to be the creditor but is not?
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What is the effect of a payment made to an apparent creditor on the original obligation?
What is the effect of a payment made to an apparent creditor on the original obligation?
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What is the main difference between legal subrogation and conventional subrogation?
What is the main difference between legal subrogation and conventional subrogation?
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What is the assumption when someone presents a receipt?
What is the assumption when someone presents a receipt?
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What must the debtor prove in order to be released from their obligation?
What must the debtor prove in order to be released from their obligation?
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What is the purpose of the principle of unjust enrichment?
What is the purpose of the principle of unjust enrichment?
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What happens if the debtor pays a third party who is not authorized to receive payment?
What happens if the debtor pays a third party who is not authorized to receive payment?
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What is the consequence if the creditor ratifies the payment made by the debtor to a third party?
What is the consequence if the creditor ratifies the payment made by the debtor to a third party?
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What is the condition for the payment to be valid when made into the creditor's bank account?
What is the condition for the payment to be valid when made into the creditor's bank account?
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What can the true creditor do if the debtor pays a third party?
What can the true creditor do if the debtor pays a third party?
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What happens if the creditor benefits from the payment made by the debtor to a third party?
What happens if the creditor benefits from the payment made by the debtor to a third party?
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Study Notes
Payment by a Third Party (Art. 1222)
- Any person can make a payment, with or without interest, and with or without the debtor's consent, unless the agreement or nature of the obligation prohibits it.
- Exceptions: personal obligations, where the payment by a third party is not allowed.
- The payment made by a third party liberates the obligation between the creditor and the debtor, but creates a new obligation between the third party and the debtor.
- The third party becomes the new creditor, and the debtor becomes the new debtor.
Payment with the Debtor's Consent
- If the payment is made with the debtor's consent, the third party can request reimbursement from the debtor.
- With interest: the third party assumes a legal subrogation, acquiring the rights of the original creditor.
- Without interest: the third party assumes a conventional subrogation, allowing them to intervene in the payment and acquire the rights of the original creditor.
Payment without the Debtor's Consent
- With interest: the third party assumes a legal subrogation.
- Without interest: the third party has a right to partial reimbursement, up to the amount that was useful to the debtor.
Payment to an Apparent Creditor
- A payment made to a person who appears to be the creditor, but is not authorized to receive the payment, is considered a payment to an apparent creditor.
- The payment liberates the obligation, but the debtor must establish certain requirements, such as good faith and presumption of authorization.
- The true creditor can file a claim for unjust enrichment against the apparent creditor.
Payment to a Third Party
- A payment made to a third party, not the creditor, does not liberate the debtor, unless:
- The creditor ratifies the payment.
- The creditor benefits from the payment, and the usefulness of the payment is demonstrated.
Payment through Deposit into the Creditor's Bank Account
- A payment made by depositing into the creditor's bank account is valid, as long as there is an agreement between the creditor and the debtor, and the creditor consents to the deposit.
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Description
The characteristics of payment by a third party in a debt obligation, with or without the debtor's consent, and its consequences on the relationships between the parties involved.