Civil Code Art. 1295: Extinguishment

Statute: Civil Code
Article: Art. 1295
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. 1206a of the old Civil Code
Year: 1949
Cited by: Multiple Supreme Court decisions

The provision

The insolvency of the new debtor, who has been proposed by the original debtor and accepted by the creditor, shall not revive the action of the latter against the original obligor, except when said insolvency was already existing and of public knowledge, or known to the debtor, when the delegated his debt. (1206a)

Cases applying this article

C.N. Hodges v. Alberto Granada G.R. No. 39496
Juan Verceluz v. Deogracias Edaño G.R. No. 21284
Servillano Aquino v. Emeterio Tañedo G.R. No. 12457
C. H. Hodges, Recurrente, Contra Carmen Regalado Y Maria Gay, Recurridas G.R. No. 46326
Victoriano Gatchalian v. Mamerto Manalo G.R. No. 46207
Manuel v. Carmen de Pascual G.R. No. 4679

Related provisions in this Chapter

Civil Code, Art. 1296 Extinguishment of Obligations
Civil Code, Art. 1293 Extinguishment of Obligations
Civil Code, Art. 1297 Extinguishment of Obligations
Civil Code, Art. 1292 Extinguishment of Obligations
Civil Code, Art. 1291 Extinguishment of Obligations
Civil Code, Art. 1290 Extinguishment of Obligations
Civil Code, Art. 1300 Extinguishment of Obligations

Civil Code, Art. 1295 is found in CHAPTER 4 Extinguishment of Obligations of TITLE I Obligations of BOOK IV Obligations and Contracts of the Civil Code of the Philippines (Republic Act No. 386).

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