Article 1215

Article 1215. Novation, compensation, confusion, or remission of the debt, made by any solidary creditors or with any of the solidary debtors, shall extinguish the obligation, without prejudice to the provisions of Article 1219. The creditor who may have executed any of these acts, as well as he who collects the debts, shall be liable to the others for the share in the obligation corresponding to them.

Ang pagwawakas, kabayaran, pagkalito, o pagpapataw ng utang, na ginawa ng alinman sa mga solidaryong nagpapautang o sa alinman sa mga solidaryong may utang, ay ipawawalang bisa ang obligasyon, nang walang pagkiling sa mga probisyon ng Artikulo 1219.

Definition of terms:
Compensation- takes place when two persons are both principal creditors and debtors to each other in their own rights.
A. total compensation- happens when the two obligations of creditor and debtor to each other are both the same in kind and value
B. partial compensation- happens when the obligation of one is bigger than the other
Confusion or merger – happens when the personalities of the creditor and debtor are mixed in only one person
Remission- gratuitous act of erasing the debt
Requisites for compensation to take place:
There must be two debts
The parties in the two obligations are debtor and creditor in both obligations
The parties are bound principally as debtor and creditor in both obligations
The two obligations are both due and demandable
There is no lien or attachment on any of the obligations
There is no third party to be prejudiced
The objects are of the same kind or quality


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