Philippine Bar review · Question

Practice question: Express and Implied Novation

Multiple Choice Medium

Practice question

The parties validly agree: “The former delivery obligation is extinguished and replaced exclusively by this new service obligation.” Assume the former and new obligations are otherwise valid. What most directly establishes extinctive novation?
  1. The paper’s color.
  2. The debtor’s later regret.
  3. The unequivocal agreed declaration of extinction and replacement.
  4. The absence of the word mortgage.
  5. A demand from a stranger.

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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