Philippine Bar review · Question

Practice question: Express and Implied Novation

Multiple Choice Easy

Practice question

When may extinctive novation be implied under Article 1292 without an express declaration?
  1. When the old and new obligations are incompatible on every point.
  2. Whenever the debtor prefers the later paper.
  3. Whenever the creditor issues a statement of account.
  4. Whenever a payment is one day late.
  5. Whenever the parties use different pens.

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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