Kinds of condonation or remission
Remission is an act of liberality, by virtue of
which, without receiving any equivalent, the
creditor renounces the enforcement of the
obligation. The obligation is extinguished either
in whole or in such part of the same to which
remission refers.[1]When the debt refers to movable or
personal property, Art. 748 will govern; if it
refers to immovable or real property, Art.
749 applies.
The kinds of remission are:
[1] Tolentino.
The kinds of remission are:As to form:Express condonation. When it is made verbally or in writing. It is formally: in accordance with forms of ordinary donations.[2] In order to be effective, an express remission must be accepted. Furthermore, when the debt refers to movable or personal property, Art. 748 will govern; if it refers to immovable or real property, Art. 749 applies.Implied condonation. It can be inferred from the acts or conduct of the parties.As to manner or date of effectivity:Inter vivos. Effective during the lifetime of the creditor.Mortis causa. Effective upon the death of the creditor.As to extent:Total or complete. When it extinguishes the entire obligation.Partial. When it does not extinguish the entire obligation but covers only a particular aspect.
[1] Tolentino.
[2] Article 1270, Civil Code.
