CH.4 SEC.4 CONFUSION OR MERGER OF RIGHTS

Question 1

Art. 1275. The obligation is extinguished from the time the characters of creditor and debtor are […].

Answer 1

Art. 1275. The obligation is extinguished from the time the characters of creditor and debtor are merged in the same person.

Question 2

What is confusion or merger?

Answer 2

Confusion or merger is the meeting in one (1) person of the characters of creditor and debtor with respect to the same obligation.

Question 3

What are the requisites for a valid confusion or merger?

Answer 3

For a valid confusion or merger to take place, it is necessary that: (1) It must take place between the principal debt and creditor; and (2) It must be complete.

Question 4

Art. 1276. Merger which takes place in the person of the principal debtor or creditor benefits […]. Confusion which takes place in the person of any of the latter […].

Answer 4

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.

Question 5

What is the effect of a merger in the person of the debtor?

Answer 5

A merger which takes place in the person of the guarantor, while extinguishes the guaranty, does not extinguish the principal obligation. The extinguishment of an accessory obligation does not carry with it that of the principal obligation.

Question 6

Art. 1277. Confusion does not extinguish a joint obligation except […].

Answer 6

Art. 1277. Confusion does not extinguish a joint obligation exept as regards the share corresponding to the creditor or debtor in whom the two characters concur.

Question 7

What is the legal effect when there is confusion in the person of one of the joint creditors or debtors?

Answer 7

The confusion will extinguish only the share corresponding to the creditor or debtor in whom the two characters merge.

Question 8

What is the legal effect when there is confusion in the person of one of the solidary debtors?

Answer 8

“Merger in the person of one of the solidary debtors shall extinguish the entire obligation because it is also a merger in the other solidary debtors. (Art. 1215).

Art. 1215. Novation, compensation, confusion or remission of the debt, made by any of the solidary creditors or with any of the solidary debtors, shall extinguish the obligation, without prejudice to the provisions of Article 1219. “