Practice question
When may extinctive novation be implied under Article 1292 without an express declaration?
- When the old and new obligations are incompatible on every point.
- Whenever the debtor prefers the later paper.
- Whenever the creditor issues a statement of account.
- Whenever a payment is one day late.
- 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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