Chapter 4 - Section 4 - Confusion or Merger of Rights Flashcards
1
Q
The meeting in one person of the characters of creditor and debtor with respect to the same obligation.
A
Confusion or merger
2
Q
Requisites:
A
It must take place between the principal debt and creditor
It must be complete
3
Q
Effect of merger in the person of principal debtor or creditor
A
Extinguishes the obligation. Accessory obligation of guaranty is also extinguished.
4
Q
Effect of merger in the person of guarantor
A
Only the accessory obligation of guaranty is extinguished.
