- Statute
- Philippine Civil Code
- Article
- Art. 1292
- Topic
- Extinguishment of Obligations
- Status
- In force
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE I Obligations
- Chapter
- CHAPTER 4 Extinguishment of Obligations
- Formerly
- Art. 1204 of the old Civil Code
- Year
- 1949
- Cited by
- A Supreme Court decision
The provision
In order that an obligation may be extinguished by another which substitute 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. (1204)
Intellegal Wiki · In plain terms
Novation is never lightly inferred. For a new obligation to extinguish an old one, either the parties must say so in unequivocal terms — express novation — or the two obligations must be incompatible with each other on every point, which is implied novation. Anything short of that leaves the old obligation standing, with the new one merely modifying or existing alongside it. Article 1291 identifies the three forms of change involved: altering the object or principal conditions, substituting the debtor, or subrogating a third person in the creditor's rights. Article 1293 adds that a substitution of debtors may be made without the old debtor's knowledge or against his will, but never without the creditor's consent.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- William G. Kwong v. Atty. Ramon Gargantos G.R. No. 152984