Civil Code Art. 1248: Extinguishment of

Statute: Civil Code
Article: Art. 1248
Topic: Extinguishment of Obligations
Book: BOOK IV Obligations and Contracts
Title: TITLE I Obligations
Chapter: CHAPTER 4 Extinguishment of Obligations
Formerly: Art. 1169a of the old Civil Code
Year: 1949

The provision

Unless there is an express stipulation to that effect, the creditor cannot be compelled partially to receive the prestations in which the obligation consists. Neither may the debtor be required to make partial payments. However, when the debt is in part liquidated and in part unliquidated, the creditor may demand and the debtor may effect the payment of the former without waiting for the liquidation of the latter. (1169a)

Cases applying this article

Barons Marketing Corp. v. Court of Appeals G.R. No. 126486

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