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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

Seven years ago, Mara lent 32,000 to her neighbor Ken in cash. The loan was oral; there was no written contract and no interest. The debt matured six years ago. Ken did not sue to collect within the prescriptive period. Recently, Ken voluntarily paid Mara 32,000 in full. (a)Classify the nature of the obligation (civil or natural) and justify your answer. (b)Explain the effect of Ken's voluntary payment on a natural obligation. (c)Suppose Mara had timely sued within the prescriptive period and obtained a judgment before prescription; would Ken's later payment affect the judgment or the creditor's remedy? Explain.

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Civil; An oral loan creates a civil obligation; A voluntary payment extinguishes a civil obligation only if the creditor accepts the payment as full settlement; Without such acceptance, the civil obligation remains enforceable. Natural; The debt matured six years ago; Prescription ran; But voluntary payment after prescription remains valid and extinguishes the natural obligation. Natural; The debtor's voluntary payment extinguishes the natural obligation; If there had been a timely suit within the prescriptive period and a judgment before prescription, the debtor's later payment would be applied to that judgment and would extinguish the creditor's remedy. Civil; Since there is no written contract, the transaction is void; No obligation arises from an oral loan; Any payment would be a gift with no legal effect on any claim.

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