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If the substitution is without the knowledge or against the will of the debtor’s insolvency or
non-fulfillment of the obligation shall not give rise to any liability on the part of the original debtor.
In expromision, the new debtor’s insolvency or nonfulfillment of the obligation will not receive
the action of the creditor against the old debtor whose obligation is extinguished by the assumption of
the debt by the new debtor. Thus, in the second example above, if there is expromision, D will no longer
be liable to C in case of insolvency of T or non-fulfillment by T of his obligation.
Remember that in expromision, the replacement of the old debtor is not made at his own
initiative.
ART. 1295. 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 the public knowledge, or known to the debtor, when
he delegated his debt.
ART. 1296. When the principal obligation is extinguished in consequence of a novation, accessory
obligations may subsist only insofar as they may benefit third persons who did not give their consent.
ART. 1298. The novation is void if the original obligation was void, except when annulment may be
claimed only by the debtor, or when ratification validates acts which are voidable.