Sustainale management futures Essay Example | Topics and Well Written Essays - 3000 words

Sustainale management futures - Essay Example Apparently, the author argued that business and ethics are two contradictory notions that have been brought together. Nonetheless, growing corporate malpractices has highlighted demand of corporate or business ethics significantly. Crane and Matten (2010) defined business ethics as assessment of a particular business situation or activity or decision that involve moral dilemma related to right and wrong. In business ethics, moral correctness is stress upon instead of commercially, strategically and financially correctness. Although there are several instances of violation of business ethics, one of the greatest scandals from gas and oil industry has been selected for evaluation with respect to two ethical theories. The paper will evaluate incident of Gulf Oil Spill by British Petroleum (BP) in the lights of Utilitarianism theory and Kant’s Ethics of duties or deontology theory. The oil and gas industry has been considered for evaluation of ethical crisis in business because this industry is one of the essential sectors from the perspective of economic development and environmental impact. The United States alone consist of 24.7 percent of global oil share while accommodating other subsectors such as exploration and production of oil and gas. Significant oil and gas reserved in the nation has attracted several global players such as British Petroleum (Marketline, 2012a; Marketline, 2014). Oil spill is often considered as an unavoidable situation in the process of drilling and extraction but the situation can cause havoc if goes uncontrolled. Two such critical examples are spill by Exxon Valdez in the gulf coast of Alaska and BP spill at the Gulf of Mexico. Prior to discussing the spill and its ethical consequences, brief introduction regarding BP Plc has been provided in the following section (Hanson, 2014). BP Plc was founded in 1901 and currently, it is considered as one of the largest oil and gas

Lifelong Learning Essay Example | Topics and Well Written Essays - 4250 words

Lifelong Learning - Essay Example Super's theory included propositions relating to trait-and-factor theory, developmental psychology, and personal construct theory, from which Super derived his ideas about self-concepts and sociological theory. Super proved that the changes in the self-concept develop throughout the person's life as a result of experience. People modify their self-concepts depending on the career choice and new work conditions. The important part of Super's theory is dedicated to the construct of career concerns as divided by the six stages of person's development depending on the age span. Development stages were described by the theorist in the beginning of his career (1954) and are as the following: As we see these stages relate to the life-span dimension of the person: childhood, adolescence, adulthood, middlessence and senescence respectively coincide with career stages of growth, exploration, establishment, maintenance and disengagement. The career stages of adulthood that includes specification stage, implementation stage and stabilization stage describe adults who are looking for stability and advancement in their jobs. Stability referrers to as keeping the same job for a long time period, struggling to meet job requirements but still being concerned about one's competencies. On arrival in the job market, young adults reflect on how to achieve their vocational goals. They then move on to seeking a promising path by questioning their goals and abilities in an attempt to accelerate vocational development. The adult then "grapple with the occupational race", striving to reach a plateau of occupational status (Super, 1969)Once adults reach their late twenties, different aspects of their career choice is combined with the feeling of safety and certainty in their competence and dependability. Advancing in career implies promotions, or moving to a position with more responsibility, and may involve a higher income (Super, 1980). After career has been established, adults become concerned holding on, keeping up and innovating in their careers during the consolidation stage. In the final career stage at the age of around 55 people are sure about tomorrow's day and have no need to keep on working, so they declare retirement. In conclusion, perceived as a well-respected theory, Super's theory of career choice and development it is regarded as one of the most comprehensive approaches describing the crucial factors of person's career. Mezirow and transformative learning Mezirow in his theory of transformative learning focused on the idea of perspective transformation, which he understood as the learning process by which adults come to recognise and reframe their culturally induced dependency roles and relationships. Later he drew on the work of Habermas to propose a theory of transfo

Lean Production System Research Paper Example | Topics and Well Written Essays - 750 words

Lean Production System - Research Paper Example According to Pascal (2007) this production system has elevated many manufacturing companies over the years and it still has great significance in today’s corporate environment. Generally, this production system involves making a company efficient in terms of production and sleek provision of services to its consumers. The main reason as to why companies apply this system in their operation is to beat the stiff completion in the market and gain a greater competitive advantage. From a lean production system an organization is able to minimize the surplus and waste produced in an organization (Pascal, 2007). According to Wormack & Jones (2003) waste elimination was the first objective in the invention of both the Toyota Production System and the Lean Production System. The lean production system is governed by certain principles of which are aimed at reducing the production of waste in an organization. The principles include: Leveled production Pull system Continuous flow process ing 3Ms (Muda, Muri, Mura) Talk time Flexible workforce The 5Ss (sorting, sweeping, sifting, sustenance and spick and span). In leveled production the system aims at improving the company’s production on a single line of production. In this case an organization is made to produce more models of the same production. This is usually aimed at increasing the level in which the consumer’s needs and demands are catered for. To make it more efficient, different models of production are analyzed by determining the ratio of their demand (Pascal, 2007). From the ratios, the production then begins with a consideration of the demand level each model has. This reduces both shortage and waste of the produced goods. The pull system is like a backward movement of production where the consumers trigger the process. Without the demand of the consumer then there will be no production. For instance, a visit to McDonald in need of a burger, there is usually no burger ready yet until you or der. After you order the restaurant then begin the production of the burger. Generally, the system first considers demand before commencing with the production (Wormack & Jones, 2003). After the implementation of the pull system it is mandatory to have a continuous flow of processes. After demands from consumers, it is only logical if an organization can provide a smooth follow up with the process of production (Temple & Hunter, 2003). For this to be achievable every step in the production process should be well managed and formulated. The three Ms are word from the Japanese dictionary. Muda means non-valued added, mura means overburden and muri means unevenness. The three Ms are problems which hinder the effective application of the just in time production (Pascal, 2007). From the three Ms an organization has a clear picture on what to improve. Talk time refers to the time specified to complete a set of tasks. The talk time is usually governed by the consumer’s demand (Templ e & Hunter, 2003). For instance, if the time specified for the assembly of cars per day is 500 minutes and there are 100 cars to be assembled, the time taken to assemble one car should be five minutes. A flexible workforce is a staff that can be able to do any required operation at any given time. From a flexible workforce an organization makes it efficient to have the just in time production and have a well managed talk time. One company that has successfully implemented the Lean Production System is the Toyota

Shark Finning Industry Research Paper Example | Topics and Well Written Essays - 1750 words

Shark Finning Industry - Research Paper Example The paper states that the finning industry is based on the following practice: ‘the fin of each shark is chopped off and the rest is discharged’ (Verclar et al. 1078). Then, the fin is likely to be used for soup, after being diverted to the market, in its natural form or using an appropriate package. The consumption of fin of sharks is quite common in many countries worldwide. However, this ‘custom’ threatens the population of sharks internationally. In accordance with recent research, the finning industry worldwide is a continuously growing industry, with the value of the fin to reach the $116/ kg (Verclar et al. 1078). India is among the countries with the highest performance in this industry; in accordance with Verclar et al. the annual shark production of India reaches the 45,500 tonnes (Verclar et al. 1078), a significant figure if taking into consideration the price of the particular product in the market, as presented above. It is clear that the profi ts of the particular industry can be significant, a fact which may be considered as a barrier to the control of the phenomenon. As noted in the study of Verclar et al., about 20 species of sharks will be extinguished by 2017 if the shark finning industry continues its current rate of expansion (Verclar et al. 1078). However, the current signs regarding the development of this industry are rather discouraging; instead of being reduced, the finning industry is further expanded with other countries to be involved in such activities. An indicative example is China, which has started to activate in many areas of the specific industry – acting as ‘producer, importer, consumer, and processing center’ (Verclar et al. 1079); other countries also have been attracted by the prospects that the particular industry offers. Indonesia, Pakistan, and Singapore (Verclar et al. 1079) are some of the countries, which have been involved in various areas of the shark finning industry. Â  The shark finning industry offers many prospects as a business activity, as it combines the trade of fin, as a product of significant value, with the trade of other parts of the shark – meaning the body and the bones (Verclar et al. 1080). At this point, it should be noted that ‘not all fins of a shark are of the same value’ (Verclar et al. 1080). In any case, since all parts of the body of a shark can be disposed to the market, the fishing of sharks is quite popular, guaranteeing high profits. Efforts have been made for setting limits to the particular activity since a threat of the extinction of many species of shark has been made clear. Under this threat, the Government of India prohibited the fishing of a particular species of shark, the Elasmobranchii, in 2001 (Verclar et al. 1080); the Gazette Notification through which this prohibition was imposed has been proved particularly valuable for the protection of the above species. Another practice used for t he control of shark finning industry worldwide is the DNA checks; through these checks, the level of limitation of each shark species can be identified – by checking various parts of the bodies of sharks disposed to market (Verclar et al. 1080). The above method has the following disadvantage: not all parts of the body of a shark can prove valid information on the species of the shark; however, new DNA checks have been improved allowing the identification of sharks’ DNA even from dried fins (Verclar et al. 1080). Particular attention should be paid to the effects of shark finning industry for the marine ecosystems. In accordance with Taylor (2010), sharks are predators, which helps to keep balance in prey worldwide (Taylor, online article).

Japanese art influence on Western culture Essay Example | Topics and Well Written Essays - 750 words

Japanese art influence on Western culture - Essay Example Throughout history, Japanese Art has had a significant influence on Western Culture. The exposure of Japanese to the economic opportunities in the West, and an influx of European philosophies, and culture into Japan have reversed the otherwise classic isolated Japanese artists. The debut of Japanese art and civilization in the West led to the coining of the term â€Å"Japonism,† which recognizes the influences of the Japanese art in the Western society. Genova indicates that Japonism was mainly promoted by the ukiyo-e form of art (453). This paper explores the works of Japanese artists Hosoda Eishi and Ando Hiroshige and their influence on the Western culture. The Snowy Day, Nihon-Bashi (1840-1842) Ando Hiroshige’s Snowy Day, Nihon-Bashi, a woodblock print done in the early 1840s, highly influenced the American culture barely two decades after its production. The art stored in The Minneapolis Institute of Arts, inspired the works of James McNeill Whistler. Skeen avers t hat the American-born artist, based in Britain took after the Japanese, and his art, done in 1862, greatly resembled the former’s work (138). The Japanese art contributed to the development of modern Western architectures, which were reminiscent later in the Industrial Revolution. The Japanese art’s depiction of the boat, rejuvenated the boat construction industry, and enhanced the construction of waterways such as the canals and bridges built in the West in the second-half of the nineteenth century. The River of the Heavenly Dragon (1833-1834) The Japanese art is a woodblock print that greatly influenced the widespread use of small water vessels in Europe and America. Whistler’s The Punt (1861) is a replica of the small boat that was made in the likeness of the Japanese art’s impression of the vessel. The Hiroshige art influenced the growth of canoeing activities at the coast of most Western countries during the second-half of the 1800. The Punt substant ially enhanced paddling activities on the West’s coastal waters in as much the same way as the Chinese dragon did in early 1800s, though the Westerners eventually turned it into sport. The Geisha Itsutomi of Hosoda Eishi (late 1700 to early 1800) The Geisha Itsutomi of Hosoda Eishi is believed to have had a significant influence on the Western culture of dressing in lengthy frock. Replicated in James Whistler’s â€Å"The Princess in the Land of Porcelain† (1863-1864), Itsutomi’s tall, slim, and an attractive upright posture of a beautiful woman clutching a shamisen plectrum, was a unique attribute of a moral woman of the ancient Japanese society. The clear portrayal of the art in a limited palette, with a plain background appears to mirror the essence of an art that advocates woman decency in the early Western society. According to Skeen, most of the cities were grappling with the problem of immorality caused by the high rate of joblessness (138). In ligh t of this, the Japanese art rejuvenated the culture of conservatism and human simplicity in the wake of radical economic transformations in the West. Kawaguchi (1857) Fourth, Ando Hiroshige’s woodblock print referred to as the Kawaguchi (1857), influenced the Western culture, and most likely contributed to the design of James McNeill Whistler’s Nocturne: Blue and Silver - Chelsea (1871). The Japanese art depicts an attractive scene of the landscape, viewed from an aerial perspective. The art influenced the Western society’s efforts to conserve natural resources, as the impending Industrial Revolution of the late 1800s threatened the existence such beautiful scenes (Skeen 138). The Hiroshige print, also captures the workers paddling their vessels up the river with logs towards the milling point. These human activities were later typical of the economic activities of the West, a few decades later. The West eventually embarked on proper exploitation of the rich for est resources for use in the paper industries, building and construction and

Media Portrayal Essay Example | Topics and Well Written Essays - 1750 words

Media Portrayal - Essay Example This essay discusse the connections between modern information, communication and the individuals with disabilities issue. Today, people can get information from various sources, that is mostly may be accessed with the help of mass media. Mass media is a term used to denote, as a class, that section of the media specifically conceived and designed to reach a very large audience. It was coined in the 1920s with the advent of nationwide radio networks and of mass-circulation newspapers and magazines. Unfortunately individuals with disabilities to a great extend are limited by not being able to make use of such opportunities. Access to communications and information can be available through many sources such as: newspapers, magazines, television programs, and movies, Internet etc. Depending on the type of disability i.e. deafness, blindness, and so on the individuals with disabilities are limited having no access to appropriate source of the information. This essay raises the question o f vital importance for the international community today, that is to create and promote approaches and technologies that will allow everyone including individuals with disabilities to get, to utilize, to exchange and to create information and knowledge. The researcher focuses on introducing the topic and analyzes in details many examples of mass-media articles, movies and tv-shows related to the individuals with disabilities issue. Some examples that were mentioned in the essay: Touch the Sound, Zatoichi, Be with me movies, etc.

Extinguishment of Obligation Essay Example for Free

Extinguishment of Obligation Essay SECTION 1. – Payment or Performance Art. 1232. Payment means not only the delivery of money but also the performance, in any other manner, of an obligation. (n) Art. 1233. A debt shall not be understood to have been paid unless the thing or service in which the obligation consists has been completely delivered or rendered, as the case may be. (1157) Art. 1234. If the obligation has been substantially performed in good faith, the obligor may recover as though there had been a strict and complete fulfillment, less damages suffered by the obligee. (n) Art. 1235. When the obligee accepts the performance, knowing its incompleteness or irregularity, and without expressing any protest or objection, the obligation is deemed fully complied with. (n) Art. 1236. The creditor is not bound to accept payment or performance by a third person who has no interest in the fulfillment of the obligation, unless there is a stipulation to the contrary. Whoever pays for another may demand from the debtor what he has paid, except that if he paid without the knowledge or against the will of the debtor, he can recover only insofar as the payment has been beneficial to the debtor. (1158a) Art. 1237. Whoever pays on behalf of the debtor without the knowledge or against the will of the latter, cannot compel the creditor to subrogate him in his rights, such as those arising from a mortgage, guaranty, or penalty. (1159a) 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) Art. 1239. In obligations to give, payment made by one who does not have the free disposal of the thing due and capacity to alienate it shall not be valid, without prejudice to the provisions of Article 1427 under the Title on â€Å"Natural Obligations.† (1160a) Art. 1240. Payment shall be made to the person in whose favor the obligation has been constituted, or his successor in interest, or any person authorized to receive it. (1162a) 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) Art. 1242. Payment made in good faith to any person in possession of the credit shall release the debtor. (1164) Art. 1243. Payment made to the creditor by the debtor after the latter has been judicially ordered to retain the debt shall not be valid. (1165) Art. 1244. The debtor of a thing cannot compel the creditor to receive a different one, although the latter may be of the same value as, or more valuable than that which is due. In obligations to do or not to do, an act or forbearance cannot be substituted by another act or forbearance against the obligee’s will. (1166a) Art. 1245. Dation in payment, whereby property is alienated to the creditor in satisfaction of a debt in money, shall be governed by the law of sales. (n) Art. 1246. When the obligation consists in the delivery of an indeterminate or generic thing, whose quality and circumstances have not been stated, the creditor cannot demand a thing of superior quality. Neither can the debtor deliver a thing of inferior quality. The purpose of the obligation and other circumstances shall be taken into consideration. (1167a) Art. 1247. Unless it is otherwise stipulated, the extrajudicial expenses required by the payment shall be for the account of the debtor. With regard to judicial costs, the Rules of Court shall govern. (1168a) Art. 1248. Unless there is an express stipulation to that effect, the creditor cannot be compelled partially to receive the prestations in which the obligation consists. Neither may the debtor be required to make partial payments. However, when the debt is in part liquidated and in part unliquidated, the creditor may demand and the debtor may effect the payment of the former without waiting for the liquidation of the latter. (1169a) Art. 1249. The payment of debts in money shall be made in the currency stipulated, and if it is not possible to deliver such currency, then in the currency which is legal tender in the Philippines. The delivery of promissory notes payable to order, or bills of exchange or other mercantile documents shall produce the effect of payment only when they have been cashed, or when through the fault of the creditor they have been impaired. In the meantime, the action derived from the original obligation shall be held in the abeyance. (1170) Art. 1250. In case an extraordinary inflation or deflation of the currency stipulated should supervene, the value of the currency at the time of the establishment of the obligation shall be the basis of payment, unless there is an agreement to the contrary. (n) Art. 1251. Payment shall be made in the place designated in the obligation. There being no express stipulation and if the undertaking is to deliver a determinate thing, the payment shall be made wherever the thing might be at the moment the obligation was constituted. In any other case the place of payment shall be the domicile of the debtor. If the debtor changes his domicile in bad faith or after he has incurred in delay, the additional expenses shall be borne by him. These provisions are without prejudice to venue under the Rules of Court. (1171a) SUBSECTION 1. – Application of Payments Art. 1252. He who has various debts of the same kind in favor of one and the same creditor, may declare at the time of making the payment, to which of them the same must be applied. Unless the parties so stipulate, or when the application of payment is made by the party for whose benefit the term has been constituted, application shall not be made as to debts which are not yet due. If the debtor accepts from the creditor a receipt in which an application of the payment is made, the former cannot complain of the same, unless there is a cause for invalidating the contract. (1172a) Art. 1253. If the debt produces interest, payment of the principal shall not be deemed to have been made until the interests have been covered. (1173) Art. 1254. When the payment cannot be applied in accordance with the preceding rules, or if application can not be inferred from other circumstances, the debt which is most onerous to the debtor, among those due, shall be deemed to have been satisfied. If the debts due are of the same nature and burden, the payment shall be applied to all of them proportionately. (1174a) SUBSECTION 2. – Payment by Cession Art. 1255. The debtor may cede or assign his property to his creditors in payment of his debts. This cession, unless there is stipulation to the contrary, shall only release the debtor from responsibility for the net proceeds of the thing assigned. The agreements which, on the effect of the cession, are made between the debtor and his creditors shall be governed by special laws. (1175a) SUBSECTION 3. – Tender of Payment and Consignation Art. 1256. If the creditor to whom tender of payment has been made refuses without just cause to accept it, the debtor shall be released from responsibility by the consignation of the thing or sum due. Consignation alone shall produce the same effect in the following cases: (1) When the creditor is absent or unknown, or does not appear at the place of payment; (2) When he is incapacitated to receive the payment at the time it is due; (3) When, without just cause, he refuses to give a receipt; (4) When two or more persons claim the same right to collect; (5) When the title of the obligation has been lost. (1176a) Art. 1257. In order that the consignation of the thing due may release the obligor, it must first be announced to the persons interested in the fulfillment of the obligation. The consignation shall be ineffectual if it is not made strictly in consonance with the provisions which regulate payment. (1177) Art. 1258. Consignation shall be made by depositing the things due at the disposal of judicial authority, before whom the tender of payment shall be proved, in a proper case, and the announcement of the consignation in other cases. The consignation having been made, the interested parties shall also be notified thereof. (1178) Art. 1259. The expenses of consignation, when properly made, shall be charged against the creditor. (1178) Art. 1260. Once the consignation has been duly made, the debtor may ask the judge to order the cancellation of the 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 the obligation to remain in force. (1180) Art. 1261. If, the consignation having been made, the creditor should authorize the debtor to withdraw the same, he shall lose every preference which he may have over the thing. The co-debtors, guarantors and sureties shall be released. (1181a) SECTION 2. – Loss of the Thing Due Art. 1262. An obligation which consists in the delivery of a determinate thing shall be extinguished if it should be lost or destroyed without the fault of the debtor, and before he has incurred in delay. When by law or stipulation, the obligor is liable even for fortuitous events, the loss of the thing does not extinguish the obligation, and he shall be responsible for damages. The same rule applies when the nature of the obligation requires the assumption of risk. (1182a) Art. 1263. In an obligation to deliver a generic thing, the loss or destruction of anything of the same kind does not extinguish the obligation. (n) Art. 1264. The courts shall determine whether, under the circumstances, the partial loss of the object of the obligation is so important as to extinguish the obligation. (n) Art. 1265. Whenever the thing is lost in the possession of the debtor, it shall be presumed that the loss was due to his fault, unless there is proof to the contrary, and without prejudice to the provisions of article 1165. This presumption does not apply in case of earthquake, flood, storm, or other natural calamity. (1183a) Art. 1266. The debtor in obligations to do shall also be released when the prestation becomes legally or physically impossible without the fault of the obligor. (1184a) Art. 1267. When the service has become so difficult as to be manifestly beyond the contemplation of the parties, the obligor may also be released therefrom, in whole or in part. (n) Art. 1268. When the debt of a thing certain and determinate proceeds from a criminal offense, the debtor shall not be exempted from the payment of its price, whatever may be the cause for the loss, unless the thing having been offered by him to the person who should receive it, the latter refused without justification to accept it. (1185) Art. 1269. The obligation having been extinguished by the loss of the thing, the creditor shall have all the rights of action which the debtor may have against third persons by reason of the loss. (1186) SECTION 3. – Condonation or Remission of the Debt Art. 1270. Condonation or remission is essentially gratuitous, and requires the acceptance by the obligor. It may be made expressly or impliedly. One and the other kind shall be subject to the rules which govern inofficious donations. Express condonation shall, furthermore, comply with the forms of donation. (1187) Art. 1271. The delivery of a private document evidencing a credit, made voluntarily by the creditor to the debtor, implies the renunciation of the action which the former had against the latter. If in order to nullify this waiver it should be claimed to be inofficious, the debtor and his heirs may uphold it by proving that the delivery of the document was made in virtue of payment of the debt. (1188) Art. 1272. Whenever the private document in which the debt appears is found in the possession of the debtor, it shall be presumed that the creditor delivered it voluntarily, unless the contrary is proved. (1189) Art. 1273. The renunciation of the principal debt shall extinguish the accessory obligations; but the waiver of the latter shall leave the former in force. (1190) Art. 1274. It is presumed that the accessory obligation of pledge has been remitted when the thing pledged, after its delivery to the creditor, is found in the possession of the debtor, or of a third person who owns the thing. (1191a) SECTION 4. – Confusion or Merger of Rights Art. 1275. The obligation is extinguished from the time the characters of creditor and debtor are merged in the same person. (1192a) Art. 1276. Merger which takes place in the person of the principal debtor or creditor benefits the guarantors. Confusion which takes place in the person of any of the latter does not extinguish the obligation. (1193) Art. 1277. Confusion does not extinguish a joint obligation except as regards the share corresponding to the creditor or debtor in whom the two characters concur. (1194) SECTION 5. – Compensation Art. 1278. Compensation shall take place when two persons, in their own right, are creditors and debtors of each other. (1195) Art. 1279. In order that compensation may be proper, it is necessary: (1) That each one of the obligors be bound principally, and that he be at the same time a principal creditor of the other; (2) That both debts consist in a sum of money, or if the things due are consumable, they be of the same kind, and also of the same quality if the latter has been stated; (3) That the two debts be due; (4) That they be liquidated and demandable; (5) That over neither of them there be any retention or controversy, commenced by third persons and communicated in due time to the debtor. (1196) Art. 1280. Notwithstanding the provisions of the preceding article, the guarantor may set up compensation as regards what the creditor may owe the principal debtor. (1197) Art. 1281. Compensation may be total or partial. When the two debts are of the same amount, there is a total compensation. (n) Art. 1282. The parties may agree upon the compensation of debts which are not yet due. (n) Art. 1283. If one of the parties to a suit over an obligation has a claim for damages against the other, the former may set it off by proving his right to said damages and the amount thereof. (n) Art. 1284. When one or both debts are rescissible or voidable, they may be compensated against each other before they are judicially rescinded or avoided. (n) Art. 1285. The debtor who has consented to the assignment of rights made by a creditor in favor of a third person, cannot set up against the assignee the compensation which would pertain to him against the assignor, unless the assignor was notified by the debtor at the time he gave his consent, that he reserved his right to the compensation. If the creditor communicated the cession to him but the debtor did not consent thereto, the latter may set up the compensation of debts previous to the cession, but not of subsequent ones. If the assignment is made without the knowledge of the debtor, he may set up the compensation of all credits prior to the same and also later ones until he had knowledge of the assignment. (1198a) Art. 1286. Compensation takes place by operation of law, even though the debts may be payable at different places, but there shall be an indemnity for expenses of exchange or transportation to the place of payment. (1199a) Art. 1287. Compensation shall not be proper when one of the debts arises from a depositum or from the obligations of a depositary or of a bailee in commodatum. Neither can compensation be set up against a creditor who has a claim for support due by gratuitous title, without prejudice to the provisions of paragraph 2 of Article 301. (1200a) Art. 1288. Neither shall there be compensation if one of the debts consists in civil liability arising from a penal offense. (n) Art. 1289. If a person should have against him several debts which are susceptible of compensation, the rules on the application of payments shall apply to the order of the compensation. (1201) Art. 1290. When all the requisites mentioned in Article 1279 are present, compensation takes effect by operation of law, and extinguishes both debts to the concurrent amount, even though the creditors and debtors are not aware of the compensation. (1202a) SECTION 6. – Novation Art. 1291. Obligations may be modified by: (1) Changing their object or principal conditions; (2) Substituting the person of the debtor; (3) Subrogating a third person in the rights of the creditor. (1203) Art. 1292. In order that an obligation may be extinguished by another which substitute the same, it is imperative that it be so declared in unequivocal terms, or that the old and the new obligations be on every point incompatible with each other. (1204) Art. 1293. Novation which consists in substituting a new debtor in the place of the original one, may be made even without the knowledge or against the will of the latter, but not without the consent of the creditor. Payment by the new debtor gives him the rights mentioned in Articles 1236 and 1237. (1205a) Art. 1294. If the substitution is without the knowledge or against the will of the debtor, the new debtor’s insolvency or non-fulfillment of the obligations shall not give rise to any liability on the part of the original debtor. (n) Art. 1295. The insolvency of the new debtor, who has been proposed by the original debtor and accepted by the creditor, shall not revive the action of the latter against the original obligor, except when said insolvency was already existing and of public knowledge, or known to the debtor, when the delegated his debt. (1206a) Art. 1296. When the principal obligation is extinguished in consequence of a novation, accessory obligations may subsist only insofar as they may benefit third persons who did not give their consent. (1207) Art. 1297. If the new obligation is void, the original one shall subsist, unless the parties intended that the former relation should be extinguished in any event. (n) Art. 1298. The novation is void if the original obligation was void, except when annulment may be claimed only by the debtor or when ratification validates acts which are voidable. (1208a) Art. 1299. If the original obligation was subject to a suspensive or resolutory condition, the new obligation shall be under the same condition, unless it is otherwise stipulated. (n) Art. 1300. Subrogation of a third person in the rights of the creditor is either legal or conventional. The former is not presumed, except in cases expressly mentioned in this Code; the latter must be clearly established in order that it may take effect. (1209a) Art. 1301. Conventional subrogation of a third person requires the consent of the original parties and of the third person. (n) Art. 1302. It is presumed that there is legal subrogation: (1) When a creditor pays another creditor who is preferred, even without the debtor’s knowledge; (2) When a third person, not interested in the obligation, pays with the express or tacit approval of the debtor; (3) When, even without the knowledge of the debtor, a person interested in the fulfillment of the obligation pays, without prejudice to the effects of confusion as to the latter’s share. (1210a) Art. 1303. Subrogation transfers to the persons subrogated the credit with all the rights thereto appertaining, either against the debtor or against third person, be they guarantors or possessors of mortgages, subject to stipulation in a conventional subrogation. (1212a) Art. 1304. A creditor, to whom partial payment has been made, may exercise his right for the remainder, and he shall be preferred to the person who has been subrogated in his place in virtue of the partial payment of the same credit. (1213)