- Statute
- Civil Code
- Article
- Art. 1293
- 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. 1205a of the old Civil Code
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
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. (1205a)
Intellegal Wiki · In plain terms
A debt can be transferred by swapping in a brand-new debtor for the old one, and this can happen even without the old debtor's knowledge or over the old debtor's objection—but it cannot be done without the creditor's agreement. Once the new debtor pays, the new debtor gains the reimbursement and subrogation rights the Code gives to a third party who pays another's debt.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- E. C. Mccullough v. R. Aenlle & Co. G.R. No. 1300
- Mindanao Savings v. Edward Willkom; Gilda Go; Remedios Uy; Malayo Bantuas G.R. No. 178618