Civil Code Art. 1297: Extinguishment of

Statute: Civil Code
Article: Art. 1297
Topic: Extinguishment of Obligations
Book: BOOK IV Obligations and Contracts
Title: TITLE I Obligations
Chapter: CHAPTER 4 Extinguishment of Obligations
Year: 1949

The provision

If the new obligation is void, the original one shall subsist, unless the parties intended that the former relation should be extinguished in any event. (n)

Cases applying this article

Victoriano Gatchalian v. Mamerto Manalo G.R. No. 46207
Pedro Regalado v. Luchsinger & Co. G.R. No. 2250

Related provisions in this Chapter

Civil Code, Art. 1296 Extinguishment of Obligations
Civil Code, Art. 1295 Extinguishment of Obligations
Civil Code, Art. 1300 Extinguishment of Obligations
Civil Code, Art. 1293 Extinguishment of Obligations
Civil Code, Art. 1301 Extinguishment of Obligations
Civil Code, Art. 1302 Extinguishment of Obligations
Civil Code, Art. 1291 Extinguishment of Obligations

Civil Code, Art. 1297 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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