Practice question
What best describes express extinctive novation?
- A new receipt acknowledging partial payment only.
- A change that is never communicated to the creditor.
- The mere addition of another witness.
- An unexplained delay in collection.
- An unequivocal agreement that the old obligation is extinguished and replaced by the new one.
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.
Answer this question in flashcards to review your response and continue practicing.