Chapter 5 Flashcards
Confusion or Merger of Rights (13 cards)
Confusion happens
when the creditor and debtor are one
What happens when there is a confusion in joint and solidary?
Joint - the part who are only merge are extinguish
Solidary - the whole obligation will be extinguish
Compensation happens
When the creditor and debtor are also creditor and debtor to each other.
Novation happens
when it replaces an existing obligation with a new one (ex: modification of terms, subrogation of creditor or substituting the creditor)
What is the effect of novation?
Old obligation is extinguished and replaced by a new one.
What is the effect of novation, if new obligation is void?
No novation
What is the effect of novation, if original obligation is void?
Novation is void, if orig. is void
*since pinapalitan mo nga is yung dati.
What are the different kinds of substitution of debtor?
Expromission - a third person takes initiative without knowledge or against will of debtor hence old debtor must be released. (Initiative: New DR or third person)
Delegacion - takes places when when a creditor accepts a third person. (Initiative: Old Debtor)
In expromission, if the new debtor fails to pay, can creditor collect from original debtor?
a. New debtor is insolvent and Time of Expromission: No
b. Orig. Debtor aware and didn’t object to expromission and at the Time of Expromission: Yes
c. Orig.DR’s insolvency is known to the public and at the time of expromission: Yes
d. After expromission: No
In DELEGACION, if the new debtor fails to pay, can creditor collect from original debtor?
A. Time of delegacion and New DR insolvent: Yes
B. After delegacion: No (since the time already passed)
Subrogation happens
when creditor is substituted.
In mixed novation
it must be real + personal
- Real - the object or principal are changed.
- Personal - the person is changed.
