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defined in Article 1423; a special kind of obligation which cannot be enforced in court but which authorizes the retention of the voluntary payment or performance made by the debtor; based on equity and natural law. (i.e. when there is prescription of duty to pay, still, the obligor paid his dues to the obligee - the obligor cannot recover his payment even there is prescription) the sanction is the law, but only conscience had originally motivated the payment

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