Third person does not intend to be reimbursed
Article 1238 of the Civil Code provides:
This article embodies the idea that no one should be compelled to accept the generosity of another.[1] If the third person who payed does not intend to be reimbursed, the payment is deemed to be a donation only if the debtor's consent is present. Moreover, in the case of the creditor, the payment made by the third person who does not want to be reimbursed by the debtor is valid although the debtor did not consent to the donation.[2]
ART. 1238. Payment made by a third person who does not intend to be reimbursed by the debtor is deemed to be a donation, which requires the debtor’s consent. But the payment is in any case valid as to the creditor who has accepted it. (n)
This article embodies the idea that no one should be compelled to accept the generosity of another.[1] If the third person who payed does not intend to be reimbursed, the payment is deemed to be a donation only if the debtor's consent is present. Moreover, in the case of the creditor, the payment made by the third person who does not want to be reimbursed by the debtor is valid although the debtor did not consent to the donation.[2]
[1] Report of the Code of Commission, p. 132.
[2] De Leon. (2014). Obligations and Contracts.
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