Podcast
Questions and Answers
In case of new debtor's insolvency, what gives rise to liability on the part of the original debtor?
In case of new debtor's insolvency, what gives rise to liability on the part of the original debtor?
- Novation is automatically void in such a scenario.
- The original obligation becomes void automatically.
- If the insolvency of the new debtor was already existing and of public knowledge or known to the original debtor when the debt was delegated. (correct)
- The new debtor becomes solely responsible for fulfilling the debt.
What condition applies to the new obligation if the original obligation was subject to a suspensive or resolutory condition?
What condition applies to the new obligation if the original obligation was subject to a suspensive or resolutory condition?
- The new obligation becomes immediately due and payable.
- The new obligation will be under the same condition as the original obligation unless stated otherwise. (correct)
- The new obligation is automatically voided.
- The new obligation is unaffected by the condition of the original obligation.
When can accessory obligations be extinguished in the event of novation?
When can accessory obligations be extinguished in the event of novation?
- Accessory obligations are irrelevant in cases of novation.
- Accessory obligations may subsist if they benefit third persons who did not give consent to the novation. (correct)
- Accessory obligations are only extinguished if the original debtor consents to novation.
- Accessory obligations are extinguished completely in all cases during novation.
Under what circumstance is a change in the identity of the creditor considered legal?
Under what circumstance is a change in the identity of the creditor considered legal?
What is required for a conventional change in the identity of the creditor to be valid?
What is required for a conventional change in the identity of the creditor to be valid?
Which court action applies to obligations that are void from the beginning?
Which court action applies to obligations that are void from the beginning?
What is one of the ways obligations are extinguished?
What is one of the ways obligations are extinguished?
In the context of compensation, when does it take place?
In the context of compensation, when does it take place?
What is a requisite for compensation to occur between two parties?
What is a requisite for compensation to occur between two parties?
When can compensation be set up by a debtor against another person?
When can compensation be set up by a debtor against another person?
What condition would allow the debtor to later set up compensation against a third party?
What condition would allow the debtor to later set up compensation against a third party?
Are the modes stated under extinguishment of obligations exclusive?
Are the modes stated under extinguishment of obligations exclusive?
What is compensation's effect when the requisites are present?
What is compensation's effect when the requisites are present?
Which of the following is a valid requisite for novation to exist?
Which of the following is a valid requisite for novation to exist?
What is the purpose of novation?
What is the purpose of novation?
When can two obligations be considered incompatible?
When can two obligations be considered incompatible?
What is the condition for a change in the identity of the debtor?
What is the condition for a change in the identity of the debtor?
What signifies the existence of novation?
What signifies the existence of novation?
