Philippine Civil Code Article 1291 Novation Quiz
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Questions and Answers

What is the dual function of novation as described in the text?

  • To create a new obligation that coexists with the existing one
  • To extinguish or modify an existing obligation and substitute a new one (correct)
  • To modify the principal conditions of an obligation
  • To substitute a new obligation in place of an existing one

    • What distinguishes novation from other modes of extinguishing obligations?

  • It involves changing the object of the obligation
  • It is a unilateral action by the debtor
  • It requires the consent of both parties involved
  • It substitutes a new obligation in place of an existing one (correct)

    • Which kind of novation takes place by operation of law?

  • Express novation
  • Conventional novation
  • Implied novation
  • Legal novation (correct)

    • In novation, what does conventional novation refer to?

    <p>Novation that arises through agreement of the parties</p> Signup and view all the answers

    What characterizes implied novation?

    <p>The old and new obligations are essentially incompatible</p> Signup and view all the answers

    According to extent or effect, what does total or extinctive novation mean?

    <p>The original obligation is completely extinguished</p> Signup and view all the answers

    What are the essential requisites of novation?

    <p>Existence of a previous valid obligation, intention or agreement to modify, extinguishment or modification of the obligation, creation of a new obligation</p> Signup and view all the answers

    In what situation is real or objective novation said to have occurred?

    <p>When the object or principal conditions of the obligation are changed</p> Signup and view all the answers

    How can novation be declared according to Art. 1292?

    <p>In unequivocal terms or by having old and new obligations incompatible with each other</p> Signup and view all the answers

    When can novation be presumed?

    <p>Never, novation must be clearly and unmistakably established</p> Signup and view all the answers

    What is required for novation which involves substituting a new debtor for the original one according to Art. 1293?

    <p>Consent of the creditor</p> Signup and view all the answers

    What type of novation is a combination of real and personal novations?

    <p>Mixed novation</p> Signup and view all the answers

    Study Notes

    Novation

    • Novation is the total or partial extinction of an obligation through the creation of a new one which substitutes it.
    • Novation is a contract containing two stipulations: one to extinguish or modify an existing obligation, and the other to substitute a new one in its place.

    Kinds of Novation

    • According to origin:
      • Legal novation: takes place by operation of law
      • Conventional novation: takes place by agreement of the parties
    • According to how it is constituted:
      • Express novation: declared in unequivocal terms
      • Implied novation: old and new obligations are essentially incompatible with each other
    • According to extent or effect:
      • Total or extinctive novation: old obligation is completely extinguished
      • Partial or modificatory novation: old obligation is merely modified
    • According to the subject:
      • Real or objective novation: object or principal conditions of the obligation are changed
      • Personal or subjective novation: person of the debtor is substituted and/or a third person is subrogated in the rights of the creditor
      • Mixed novation: combination of real and personal novations

    Requisites of Novation

    • Existence of a previous valid obligation
    • Intention or agreement and capacity of the parties to extinguish or modify the obligation
    • Extinguishment or modification of the obligation
    • Creation or birth of a valid new obligation

    Characteristics of Novation

    • Novation is never presumed and must be clearly and unmistakably established by express agreement or by the acts of the parties
    • No form of words or writing is necessary to give effect to a novation

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    Description

    Test your knowledge of novation according to Article 1291 of the Philippine Civil Code. This quiz covers the definitions and examples of novation as a legal concept in obligations.

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