Civil Code Art. 1271: Extinguishment

Statute: Civil Code
Article: Art. 1271
Topic: Extinguishment of Obligations
Status: In force
Book: BOOK IV Obligations and Contracts
Title: TITLE I Obligations
Chapter: CHAPTER 4 Extinguishment of Obligations
Formerly: Art. 1188 of the old Civil Code
Year: 1949
Cited by: Multiple Supreme Court decisions

The provision

The delivery of a private document evidencing a credit, made voluntarily by the creditor to the debtor, implies the renunciation of the action which the former had against the latter. If in order to nullify this waiver it should be claimed to be inofficious, the debtor and his heirs may uphold it by proving that the delivery of the document was made in virtue of payment of the debt. (1188)

Cases applying this article

In Re Intestate Estate of the Deceased Francisco Tordilla v. Moises Tordilla G.R. No. 39547
Valeriana Velayo Bernardo v. Miguel Siojo G.R. No. 36078

Related provisions in this Chapter

Civil Code, Art. 1270 Extinguishment of Obligations
Civil Code, Art. 1269 Extinguishment of Obligations
Civil Code, Art. 1267 Extinguishment of Obligations
Civil Code, Art. 1275 Extinguishment of Obligations
Civil Code, Art. 1266 Extinguishment of Obligations
Civil Code, Art. 1265 Extinguishment of Obligations

Civil Code, Art. 1271 is found in CHAPTER 4 Extinguishment of Obligations of TITLE I Obligations of BOOK IV Obligations and Contracts of the Civil Code of the Philippines (Republic Act No. 386).

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