Article 1254

When the payment cannot be applied in accordance

with preceding rules, or if application cannot be
inferred from other circumstances , the debt which is
most onerous to the debtor , among those due , shall
be deemed to have been satisfied .
Question- What is consignation?
Answer- the act of depositing the thing
or amount due with the proper court
when the creditor does not desire or
cannot receive it, after complying with
the formalities required by law. It is
always judicial and it generally requisites
a prior tender payment which is by its
very nature extrajudicial.
Article 1257
In order that the consignation of the thing due may
release the obligor , it must first be announced the
persons the interested in the fulfillment of
obligation.
The consignation shall be ineffectual if it is not made
strictly in consonance with the provisions which
regulate payment .
Article 1260
Once the consignation has been duly made, the debtor
may ask the judge to order the cancellation of
obligation.

Before the creditor has accepted the consignation , or
before a judicial declaration that the consignation has
been properly made , the debtor may withdraw the
thing or the sum deposited , allowing obligation to
remain the force
Article 1263
In an obligation to deliver generic
things , the loss or destruction of
anything of the same kind does not
extinguished the obligation.
Article 1266
The debtor in obligations to do shall also be released
when the prestation become legally
Or physical impossible without the fault of the obligor.
Article 1269
The obligation having been extinguished by the loss
of the thing , creditor shall have all the rights of action
which the debtor may have against third persons by
reason of the loss.
Article 1272
Whenever the private documents in which the debt
appears is found in the possession of the debtor, it
shall be presumed that the creditor delivered in
voluntarily , unless the contrary is proved.