Civil Code Art. 1295: Extinguishment of

Statute: Civil Code
Article: Art. 1295
Topic: Extinguishment of Obligations
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

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

Browse the Civil Code

Continue your research on Intellegal

Search Philippine statutes on Intellegal →

Reviewed by the Intellegal Legal Team for currency against amending laws and Supreme Court jurisprudence.

Research aid — not legal advice. Verify the current text against the Official Gazette. Provisions may have been amended or repealed. Using this page creates no attorney-client relationship. For legal advice, consult a Philippine lawyer.