Philippine Bar review · Question

Practice question: Express and Implied Novation

Multiple Choice Medium

Practice question

A valid new obligation replaces one subject to a suspensive condition, and the parties make no contrary condition stipulation. May the debtor assume the new duty is necessarily unconditional?
  1. Yes; every novation erases every condition.
  2. Only a different creditor’s hobby matters.
  3. The condition automatically becomes a criminal offense.
  4. No;1299 supplies the same-condition default.
  5. The creditor must abandon all rights.

Legal references

  • Civil Code Articles748,1236-1237,1270-1299 and1302: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html

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