Page 39 - Obligations & Contracts Module 1-2

REQUISITES OF CONDONATION/REMISSION:

a. There must be an agreement

b. There must be a subject matter (object of the remission, otherwise there would be

nothing to condone)

c. Cause of consideration must be liberality (Essentially gratuitous, an act of liberality )

d. Parties must be capacitated and must consent; requires acceptance by obligor;

implied in mortis causa & expressed inter vivos

e. Formalities of a donation are required in the case of an express remission

f. Revocable – subject to rule on in officious donation ( excessive, legitimacy is

impaired) and ingratitude and condition not followed

g. Obligation remitted must have been demandable at the time of remission

h. Waivers or remission are not to be presumed generally or implied

Forms: Extent: Kinds:

a. Express – formalities a. total a. Principal – accessory also condoned

of donation

b. Implied – conduct is b. partial b. Accessory – principal still outstanding

sufficient

c. Accessory obligation of pledge –

condoned; presumption only, rebuttable