Practice question
A merger occurs only in the person of a guarantor. The creditor and principal debtor remain distinct, and no other extinguishing event occurs. Under Article 1276, does this merger alone extinguish the principal obligation?
- No; confusion in a guarantor does not extinguish the principal obligation.
- Yes, every accessory merger always cancels the principal.
- Yes, if the principal debtor asks.
- Yes, because a guaranty is the principal debt itself.
- Yes, because creditor consent can never matter in any transaction.
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, Article 1276.
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