Philippine Bar review · Question

Practice question: Express and Implied Novation

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Practice question

Explain the two routes to extinctive novation under Article 1292 and why a later amendment does not automatically establish either route.

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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