Philippine Bar review · Question

Practice question: Express and Implied Novation

Multiple Choice Easy

Practice question

Under 1298, is novation ordinarily valid where the original obligation was void, absent the stated exceptions?
  1. Yes; every replacement automatically cures nullity.
  2. No.
  3. Only the document’s length matters.
  4. A void original always creates greater rights.
  5. Every debt must be void to be novated.

Legal references

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

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