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Novation Compensation

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NOVATION, COOMPENSATION, CONFUSION, REMISSION
NOVATION- modification of an obligation. – changing the principal object of the obligation. = substitution of the person of the debtor.
Compensation- takes place when 2 people on their own right are creditor and debtor of each other.
Confusion- takes place when the character of the creditor or debtor are merge on the same person.
PENAL CLAUSE- Is an accessory undertaking to assume greater liability on the part of the obligor in case of breach.
PRINCIPAL PURPOSE 1. To ensure the performance of an obligation 2. To substitute for damages and the payment of interest in case of non-compliance. 3. To punish the debtor 4. Provide for liquidated damages.
CLASSIFICATION OF PENAL CLAUSE 1. SUBSIDIARY( ACCESSORY) only penalty is demandable on case on non-compliance 2. JOINT- both the principal contract and the penal clause can be enforced.
WHEN DAMAGES AND ONTEREST ALSO DEMANDABLE 1. WHEN STIPULATED in the obligation 2. When the debtor refuses to pay the penalty 3. When the debtor is guilty of fraud in the fulfillment of the obligation.
PAYMENT ON PERFORMANCE – PAYMENT means not only the delivery of money but also the performance, in any other manner of the obligation.

PAYMENT- means to deliver of money or thing ( in obligation to give), the doing of a thing (in obligation to do) or the desistance from doing something( in obligation not to do).

PERFORMANCE- means that the parties to the contract have done that which they agreed to do. The possibility of non- performance should be anticipated when drawing up contract terms conditions.

HOW PAYMENT IS MADE 1. In a monetary obligation by the delivery of the money in full. 2. In an obligation to deliver a thing or an object. 3. In an obligation to do something, by the performance of the supposed undertaking. 4. In an

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