When
one or both debts are rescissible or voidable, they may be compensated against
each other before they are judicially rescinded or avoided.
Kapag ang isa o
parehong mga utang ay maaaring ikansela o ipawalang bisa, maaari nilang bayaran
ang bawat isa bago pa man ito ipawalang bisa o kanselahin ng hukuman. (n)
Before rescissible or voidable
debts are judicially rescinded or annulled, they are valid debts. The parties may
opt not to rescind or annul them. Consequently, until they shall have been
judicially declared void, they can be compensated against each other.
If the prescriptive period for
the rescission or annulment of the debts had already lapsed, there is automatic
compensation and the same will not disturbed anymore.
In other cases, if the debt is
rescinded or annulled, the compensation is also automatically cancelled and
there shall be restitution of what each party had received before the
rescission or annulment.
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