Obligation
161. Requisite of Novation
A previous valid obligation
Capacity and intention of the parties to modify or extinguish the obligation.
The modification or extinguishment of the obligation.
The creation of a new valid obligation.
162. Kinds of Novation
1. According to origin A. Legal B. Conventional 2. According to how it is constituted A. Express
B. Implied
3. According to extent or effect a. Total or extinctive b. Partial or modificatory
4. According to the subject a. Real or objective b. Personal or subjective c. Mixed
163. Expromission defined and exemplified -expromission or that which takes place when a third person or his own initiative and without the knowledge or against the will of the original debtor assumes the latter obligation with the consent of the creditor.
164. Delegacion tdefined and exemplified -delegacion or that which takes place when the creditor accepts a third person to take place of the debtor at the instance of the latter.
165. Requisites of Expromission and Delegacion -In expromission, payment by the new debtor gives him the right to beneficial reimbursement under the second paragraph of Article 1236. - If the payment was made with the consent of the original debtor or on his own initiative (delegacion), the new debtor is entitled to reimbursement and subrogation.
166. Effect of Novation or accessory obligation -when the principal obligation is extinguished in consequence of a novation, accessory obligation may subsist only insofar as they may benefit third person who did not give their counsel.
167. Subrogation defined -is the substitution of one person (subrogee) in the place of a creditor (subroger) with reference to a lawful claim or right, giving the former all the rights of the latter, including the right to employ all remedies to enforce payment.
168. When is it presumed that there is legal subrogation? -When a creditor pays another creditor who is preferred, even without debtors knowledge. - When a third
A previous valid obligation
Capacity and intention of the parties to modify or extinguish the obligation.
The modification or extinguishment of the obligation.
The creation of a new valid obligation.
162. Kinds of Novation
1. According to origin A. Legal B. Conventional 2. According to how it is constituted A. Express
B. Implied
3. According to extent or effect a. Total or extinctive b. Partial or modificatory
4. According to the subject a. Real or objective b. Personal or subjective c. Mixed
163. Expromission defined and exemplified -expromission or that which takes place when a third person or his own initiative and without the knowledge or against the will of the original debtor assumes the latter obligation with the consent of the creditor.
164. Delegacion tdefined and exemplified -delegacion or that which takes place when the creditor accepts a third person to take place of the debtor at the instance of the latter.
165. Requisites of Expromission and Delegacion -In expromission, payment by the new debtor gives him the right to beneficial reimbursement under the second paragraph of Article 1236. - If the payment was made with the consent of the original debtor or on his own initiative (delegacion), the new debtor is entitled to reimbursement and subrogation.
166. Effect of Novation or accessory obligation -when the principal obligation is extinguished in consequence of a novation, accessory obligation may subsist only insofar as they may benefit third person who did not give their counsel.
167. Subrogation defined -is the substitution of one person (subrogee) in the place of a creditor (subroger) with reference to a lawful claim or right, giving the former all the rights of the latter, including the right to employ all remedies to enforce payment.
168. When is it presumed that there is legal subrogation? -When a creditor pays another creditor who is preferred, even without debtors knowledge. - When a third