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?
- The paper’s color.
- The debtor’s later regret.
- The unequivocal agreed declaration of extinction and replacement.
- The absence of the word mortgage.
- 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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