Practice question
A principal obligation is extinguished by valid novation, but an accessory independently benefits a nonconsenting third person within 1296. Parties claim their private extinction agreement necessarily defeats that protected benefit. Which is correct?
- The parties may always extinguish every stranger’s right by preference.
- Apply the statute’s limited third-person protection.
- All accessories necessarily survive without limit.
- The third person must become the debtor to matter.
- The provision never mentions consent.
Legal references
- Civil Code Articles748,1236-1237,1270-1299 and1302: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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