Practice question
A valid old obligation is followed by a purported substitute that is void. The parties did not intend the old relation to end regardless of the substitute’s validity. The debtor claims the old debt vanished simply because a replacement was attempted. What does Article 1297 provide?
- The attempted substitute always extinguishes the original.
- Every original obligation becomes criminal liability.
- The creditor must accept the void substitute as valid.
- The debtor may extinguish the old obligation by announcing an invalid new promise.
- The original obligation subsists, because the new obligation is void and the stipulated exception does not apply.
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, articles 1291–1292 and 1296–1299.
- https://lawphil.net/judjuris/juri2024/aug2024/gr_217368_2024.html — Ruby Shelter Builders and Realty Development Corporation v Tan, GR 217368, August 5 2024, main opinion: extinctive novation is not presumed.
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