Civil Code Art. 1271: Extinguishment of

Statute: Civil Code
Article: Art. 1271
Topic: Extinguishment of Obligations
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

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

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