Philippine Bar review · Question

Practice question: Express and Implied Novation

Multiple Choice Medium

Practice question

The parties validly stipulate a different condition for the new obligation. No legal prohibition intervenes. Does 1299 categorically require the old condition regardless of their agreement?
  1. Yes; the qualification is absent from the text.
  2. Only the old debtor’s age matters.
  3. Every new condition is automatically void.
  4. The agreement must be ignored solely because it is written.
  5. No; the article expressly permits otherwise stipulating.

Legal references

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

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