When the debt of a thing certain and
determinate proceeds from a criminal offense, the debtor shall not be exempted
from the payment of its price, whatever maybe the cause for the loss, unless
the thing having been offered by him to the person who should receive it, the latter
refused without justification to accept it.
Kung ang utang ay
bagay na natutukoy o determina ay nagmula sa kasong kriminal, ang nangutang ay
kailangan pa rin magbayad kahit ano pa man ang kadahilanan ng pagkawala
ng bagay na ito. Maliban na lamang kung ibinibigay na ito ng nangutang at hindi
ito tinanggap ng nagpautang ng walang nararapat na pangangatwiran.
The
article applies only to an obligation to deliver a certain thing which is
determinate, and which the obligation arose out of the commission of a criminal
offense committed by the debtor. If the thing is lost for whatever reason the
debtor shall pay for the value of the thing.
If
the obligor had offered or tendered the delivery of the thing to the obligee,
but the latter had unjustifiably refused to accept it, and the thing got lost,
the former is not liable anymore because the latter is in mora accipiendi.
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