Philippine Bar review · Question

Practice question: Express and Implied Novation

Multiple Choice Easy

Practice question

Under 1299, what ordinarily happens to an old suspensive or resolutory condition in the new obligation?
  1. The same condition applies unless otherwise stipulated.
  2. Every condition necessarily disappears.
  3. Only the creditor’s private wish controls.
  4. The debtor may invent a new condition unilaterally.
  5. All conditions automatically become mortgages.

Legal references

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

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