Article 1241


ARTICLE 1241
by: Gretzen M. Colona

Art. 1241. Payment to a person who is incapacitated to administer his property shall be valid if he has kept the thing delivered, or insofar as the payment has been beneficial to him.


Payment made to a third person shall also be valid insofar as it has redounded to the benefit of the creditor. Such benefit to the creditor need not be proved in the following cases:

(1) If after the payment, the third person acquires the creditor's rights;
(2) If the creditor ratifies the payment to the third person;

(3) If by the creditor's conduct, the debtor has been led to believe that the third person had authority to receive the payment. (1163a)


Illustration:


If A owes B, then the obligation matures, suddenly B got involved in a car accident that caused him to suffer coma. Either A can choose to pay B by paying his medical expenses or consign his payment to the court. A's payment will be valid as long as the payment he made will be beneficial to the incapacitated creditor.


Ang kabayaran sa isang taong walang kakayahang pangasiwaan ang kanyang ari-arian ay balido kapag naitago o napangalagaan nya ang bagay na ibinayad sa kanya, o ang kabayaran ay naging benepisyal sa kanya.


Ang kabayarang ibinigay sa ikatlong tao ay balido hangga’t ang naging bunga nito ay benepisyal sa inutangan. Ang benepisyong tinutuloy ay kinakailangang patunayan ng mga sumusunod:


1.) Kung pagkatapos ng kabayaran, ang pangatlong tao ay nakuha ang karapatan ng pinakautangan;

2.) Kung ni-ratify ng pinagkautangan ang kabayaran para sa pangatlong tao;

3.) Kung sa inaasal ng pinagkautangan, napaniwala niya ang may utang na ang pangatlong tao ang may kapangyarihang tanggapin ang kabayaran.


Payment made to the Incapacitated Creditor, Effects.


If the payment made to the incapacitated creditor who cannot administer his property did not benefit him or he has not kept the thing delivered, the debtor may be compelled by the creditor to pay anew when he regains capacity, or by the latter's representative during the time of the incapacity of the creditor.


Inversely, if the incapacitated creditor has kept the thing delivered or he benefited from the payment he received, the debtor is released from his obligation by virtue of payment.
During the creditor is incapacitated and to cannot administer his own property , should be given to his legal representative, if there is none the debtor may consign the thing in the court.

Many thanks & God bless us all.

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