CH.4 SEC.6 NOVATION Flashcards
“Art. 1291. Obligations may be modified by:
(1) […];
(2) […];
(3) […].”
“Art. 1291. Obligations may be modified by:
(1) Changing their object or principal conditions;
(2) Substituting the person of the debtor;
(3) Subrogating third person in the rights of the creditor.”
Art. 1292. In order that an obligation may be extinguished by another which substitutes the same, it is imperative that […], or that the […].
Art. 1292. In order that an obligation may be extinguished by another which substitutes 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.
Art. 1293. Novation which consists in substituting a […], may be made even without the knowledge or against the will of the latter, but not […]. Payment by the new debtor gives him the rights mentioned in Articles […].
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.
Art. 1294. If the substitution is […], the new debtor’s […] shall not give rise to any liability on the part of the original debtor.
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 obligation shall not give rise to any liability on the part of the original debtor.
Art. 1295. The insolvency of the new debtor, who has been […] and […], shall not revive the action of the latter against the original obligor, except when […], or […], when he […].
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 he delegated his debt.
Art. 1296. When the principal obligation is extinguished in consequence of a novation, accessory obligations […].
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.
Art. 1297. If the new obligation is void, the original one […].
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.
Art. 1298. The novation is void if the original obligation was void, except when […], or when […].
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.
Art. 1299. If the original obligation was subject to a suspensive or resolutory condition, the new obligation shall […].
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.
Art. 1300. […] of a third person in the rights of the creditor is either legal or conventional. The former is […]; the latter must be […] in order that it may take effect.
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.
Art. 1301. […] of a third person requires the consent of the original parties and of the third person.
Art. 1301. Conventional subrogation of a third person requires the consent of the original parties and of the third person.
“Art. 1302. It is presumed that there is legal subrogation:
(1) […];
(2) […];
(3) […].”
“Art. 1302. It is presumed that there is legal subrogation:
(1) When a creditor pays another creditor who is preferred, without the debtor’s knowledge;
(2) When a third person, not interested in the obligation, pays wiht 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.”
Art. 1303. Subrogation transfers to the person subrogated the […], either against the […] or against […], be they guarantors or possessors of mortgages, subject to […].
Art. 1303. Subrogation transfers to the person subrogated the credit with all the rights thereto appertaining, either against the debtor or against third persons, be they guarantors or possessors of mortgages, subject to stipulation in a conventional subrogation.
Art. 1304. A creditor, to whom […], may exercise his right for the […], and he shall be preferred to […] in virtue of the […] of the same credit.
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.
