18 Questions
In case of new debtor's insolvency, what gives rise to liability on the part of the original debtor?
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.
What condition applies to the new obligation if the original obligation was subject to a suspensive or resolutory condition?
The new obligation will be under the same condition as the original obligation unless stated otherwise.
When can accessory obligations be extinguished in the event of novation?
Accessory obligations may subsist if they benefit third persons who did not give consent to the novation.
Under what circumstance is a change in the identity of the creditor considered legal?
When a third party, unconcerned with the obligation, pays with the debtor's approval.
What is required for a conventional change in the identity of the creditor to be valid?
Clear agreement and consent from all parties involved are required for the change to be valid.
Which court action applies to obligations that are void from the beginning?
Annulment
What is one of the ways obligations are extinguished?
By annulment or rescission
In the context of compensation, when does it take place?
When two persons are creditors and debtors of each other
What is a requisite for compensation to occur between two parties?
Both debts are due
When can compensation be set up by a debtor against another person?
If the debtor consents to the assignment of rights to that person
What condition would allow the debtor to later set up compensation against a third party?
If the debtor has not reserved the right to compensation
Are the modes stated under extinguishment of obligations exclusive?
No, there are additional ways like fulfillment of resolutory condition
What is compensation's effect when the requisites are present?
Effective even if the parties are unaware of it
Which of the following is a valid requisite for novation to exist?
Presence of intent to maintain the original obligation
What is the purpose of novation?
To extinguish an obligation and create a new one
When can two obligations be considered incompatible?
When they are unable to stand together
What is the condition for a change in the identity of the debtor?
Always needs consent from the creditor
What signifies the existence of novation?
Consensual agreement of relevant parties
Learn about the different ways in which obligations are extinguished in Civil Law, such as payment, loss of the thing due, condonation of debt, compensation, and more. Explore if the list of extinguishment methods is exclusive and discover other modes like annulment, rescission, fulfillment of resolutory condition, and prescription.
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