Foral Civil Obligation
Also, the Covenant renewed between the debtor and the creditor may arise in two ways: through the delivery of something or the provision of a service, that, despite is different to the original provision, supposed to meet the obligation through the assurance of compliance with the provision originally through the delivery of goods to the creditor or existing before this alienated them andSubsequently, apply the proceeds of the sale to the payment of the original obligation. The first raised possibilities implies that the debtor, with the consent of the creditor, performs a benefit unlike the original which has the effect of extinguishing an obligation constituted. This possibility it is known with the name of payment in kind and represents a bankruptcy or fracture of the requirement of identity of payment established in article 1166 CC, which only can be waived by the consent of the creditor. Our Civil Code, though not to expressly regulates the dation in payment, uses such an expression in some of his articles: article 1521 in finem, which refers to one thing who acquired by purchase or payment in kind.In article 1636 when it uses the relative expression useful owner or the direct owner of a thing which always sell or give in payment your respective domain on the emphyteutic farm.In the article, 1849, at headquarters of bail, where has that if creditor voluntarily accepts a building or any other effects in payment of the debt. However, 1/1973 law on March 1, which it passes the compilation of the Foral Civil law of Navarra Yes sets the any of its laws, regulation of one of the main issues in this matter of express way. Specifically in your 495.1 Act noting that: when the creditor accepts an object other than the due payment in kind, the obligation will be considered extinct only from the moment the creditor acquires the property of the surrogate thing, but the warranties of the obligation, unless they are expressly maintained, are extinct from the moment of acceptance.
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