SECTION 6 – NOVATION

STUDY GUIDE
I. DEFINITIONS
Define or give the meaning of the following:
1. Novation – It is the extinction of an obligation
through the creation of a new one which
substitutes it.
2. Mixed novation – when the object and / or
principal conditions of the obligation and the
debtor or the creditor, or both the parties, are
changed is a combination of real and personal
novations.
II. PROBLEMS
Explain or state briefly the rule or reason for your
answer.
1. T (third person) tells C (creditor) that T is will
to pay the debt of D (debtor). C agrees. Is D
released from his obligation to C?
- Yes, according to article 1293. There is
expromission only if D is released from his
obligation to C. If T and C didn’t agree as to
such. D is not liable because T paid without
his knowledge or consent.

3. Expromission – that which takes place when a
third person of his own initiative and without the
knowledge or against the will of the original
debtor assumes the obligation of the latter with
the consent of the creditor.
4. Delegation – that which takes place when the
creditor accepts a third person to take place of
the debtor at the instance of the latter.
I. DISCUSSIONS
1. Give the requisites of novation.
- According to article 1292, the requisites of
novation are,
- (1) a previous valid obligation
- (2) capacity and intention of the parties to
modify or extinguish the obligation
- (3) the modification or extinguishment of the
obligation; and
- (4) the creation of a new valid obligation.
2. Suppose in the above problem, D proposed
to C that T would substitute D as the new
debtor to which C agreed. Is D still liable to C
in case of solvency of T?
- No, according to article 1295, the insolvency
of the new debtor will not revive the
creditor’s actions against the original one.
3. T paid C the debt of D without objection from
the latter. What are the rights of T?
- According to article 1302, T has all the
previous rights that C had.
4. Illustrate a mixed novation.
- Ana will deliver to Marie a birthday cake, in
the agreement of the parties, Ana will
instead deliver a dozen of balloons to Karen.

2. When there is subrogation, what rights are

acquired by the new creditor?
- According to article 1303, subrogation
transfers all the rights, either against the
debtor of against third persons, subject to
stipulation in a conventional subrogation.

3. In novation, give the effect where:

(a) The new obligation is voidable;
- According to article 1297, 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.
(b) The old obligation is voidable. Explain
- According to article 1298, the novation is
void if the original obligation is void, except
when annulment may be claimed only by the
debtor or when ratification validates acts
which are voidable.

4. In novation are accessory obligations

necessarily extinguished? Explain
- According to article 1296, when the principal
obligation is extinguished in consequence of
a novation, accessory obligations may
subsist only in so far as they may benefit
third persons who did not give their consent.
Thus if a third person is affected by the
accessory in the original obligation, it will not
be extinguished without his consent.