Condonation or Remission of Debt

Condonation or remission is an act of liberality by the creditor who, without receiving any equivalent, renounces the enforcement of the debtor’s obligation resulting in its partial or total extinguishment. As condonation is essentially gratuitous, it is subject to the rules on inofficious donations. Thus, remission has to be accepted by the obligor.

Remission may be either be express or implied. For express condonation, it must be done in accordance with the forms of donation. Unless proved to the contrary, there is implied renunciation when the creditor voluntarily delivers to the debtor the private document evidencing the credit.

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