Payment by Third Party (Art. 1222)

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Questions and Answers

What is the condition for a third party to make a payment on behalf of the debtor?

The third party must obtain the consent of the debtor before making the payment.

The third party can make the payment without the consent of the debtor or the creditor. (correct)

The third party must have a prior agreement with the creditor to make the payment.

The third party must have a direct interest in the fulfillment of the obligation.

What happens to the original obligation between the creditor and the debtor when a third party makes a payment?

The original obligation remains unchanged.

The original obligation is terminated, and a new obligation is created between the third party and the creditor.

The original obligation is cancelled, and the debtor is no longer liable.

The original obligation is transferred to the third party, who becomes the new creditor. (correct)

What is the consequence of a third party making a payment with the consent of the debtor?

The third party is subrogated to the rights of the original creditor.

The third party can claim reimbursement from the debtor for the amount paid. (correct)

The third party has no right to claim reimbursement from the debtor.

The third party becomes the new creditor, and the debtor is no longer liable.

What is the term for a third party who pays a debt and assumes the rights of the original creditor?

Legal subrogation. Signup and view all the answers

What happens if a third party makes a payment without the consent of the debtor or the creditor?

The third party has a right of partial reimbursement, limited to the amount that was useful to the debtor. Signup and view all the answers

What is the term for a payment made to a person who appears to be the creditor but is not?

Payment to the apparent creditor. Signup and view all the answers

What is the effect of a payment made to an apparent creditor on the original obligation?

The original obligation is liberated, and the debtor is no longer liable. Signup and view all the answers

What is the main difference between legal subrogation and conventional subrogation?

Legal subrogation is a automatic process, while conventional subrogation requires a formal agreement. Signup and view all the answers

What is the assumption when someone presents a receipt?

The person is authorized to receive payment on behalf of the creditor Signup and view all the answers

What must the debtor prove in order to be released from their obligation?

Their good faith Signup and view all the answers

What is the purpose of the principle of unjust enrichment?

To avoid unjustified benefits and maintain equitable economic and legal relationships Signup and view all the answers

What happens if the debtor pays a third party who is not authorized to receive payment?

The payment is invalid, but there are exceptional situations Signup and view all the answers

What is the consequence if the creditor ratifies the payment made by the debtor to a third party?

The debtor is released from their obligation Signup and view all the answers

What is the condition for the payment to be valid when made into the creditor's bank account?

There must be an agreement between the creditor and the debtor, and the creditor must consent after the deposit Signup and view all the answers

What can the true creditor do if the debtor pays a third party?

Bring an action of unjust enrichment against the third party Signup and view all the answers

What happens if the creditor benefits from the payment made by the debtor to a third party?

The debtor is released from their obligation Signup and view all the answers

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.

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.

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.