Practice question
An interested obligor pays a creditor and the 1302(3) legal-subrogation requirements apply. A co-obligor argues the payer’s own-share confusion necessarily destroys every possible claim preserved against other obligors. Which is best?
- Any own-share confusion automatically eliminates all other rights.
- Distinguish confusion of the payer’s share from the subrogation rights otherwise preserved.
- The article never mentions shares.
- The co-obligor may privately select a different statute.
- Payment necessarily makes all prior shares equal.
Legal references
- Civil Code Articles748,1236-1237,1270-1299 and1302: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
- RA11232 Section2, separate corporate entity: https://lawphil.net/statutes/repacts/ra2019/ra_11232_2019.html
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