He who has various
debts of the same kind in favor of one and the same creditor, may declare at
the time of making the payment, to which of them the same must be applied.
Unless the parties so stipulate, or when the application of payment is made by
the party for whose benefit the term has been constituted, application shall
not be made as to debts which are not due.
If the debtor accepts
from the creditor a receipt in which an application of payment is made, the
former cannot complain the same, unless there is a cause for invalidating the contract.
Kapag
ang isang tao na may iba’t ibang pagkakautang na may parehong uri, na pumapabor
sa isang nagpautang, ay maaari na sa oras ng pagbabayad, ay sabihin kung alin
sa mga utang ang kabayaran ay in-aplay. Malilban kung napagkasunduan ng partido,
o kung ang pagbabayad ay ginawa ng isang partido na kung saan kung
kaninong kapakinangan ang termino ay
binuo, ang aplikasyon ay hindi maaari sa utang na hindi pa dapat bayaran.
Kung ang nangutang ay tinanggap mula
sa nagpautang ang resibo na kung saan ang aplikasyon ng kabayaran ay naisagawa, ang unang nabanggit ay hindi
maaaring magreklamo, maliban kung may kadahilanan upang ipawalang bisa ang
kontrata.
Definition
of application of payments.
It is the designation
of the particular debt being paid by e debtor who has two or more debts or
obligations of the same kind in favor of the same creditor to whom the payment
is made.
Right
to make application of payments primarily to the debtor .
The
debtor has the right to choose which of the several due shall be paid. The right
belongs primarily to the debtor. But, there is a proper time for the
designation of the payment. It must be
made at the moment of payment.
The
creditor may have the right to apply to which of the several debts the payment
was made by issuing receipts, if the debtor failed to exercise his right. The
payment is deemed applied to the specific indebtedness mentioned in the
receipt, if the debtor has accepted the receipt without objection.
Requisites
for a valid application of payments by the debtor.
1. There
is only one debtor and one creditor;
2. The
debtor owes the creditor two or more debts which are of the same kind or
identical specie;
3. All
the debts are due and demandable;
4. The
payment made by the debtor is not sufficient to cover or settle all the debts.
Requisites
for a valid application of payments by the creditor.
1. The
debtor did not make any designation on which debt should be paid when he made
the payment;
2. The
creditor issued a receipt expressing the application of the payment to a
particular debt;
3. The
debtor assented to the application of the payment to a particular debt.
Limitation of the preferential right of the
debtor to choose the debt to be paid.
1. The
debtor cannot apply to a debt not yet liquidated or due;
2. If
the creditor is given a benefit of the period or term, which has not yet
arrived, an application of payment cannot be made by the debtor;
3. If
there is a specific agreement as to which debts shall be paid first, the debtor
cannot vary the agreement without the
consent of the creditor;
4. If
there is principal obligation which bears interests, the debtor cannot pay the
interest without first paying the principal;
5. A
debtor cannot choose to pay a bigger debt partially, when the payment made can be
applied as full payment to a smaller debt.
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