Practice question
Berto proposes Cora as substitute debtor. The creditor validly accepts Cora and releases Berto. Cora was solvent at delegation but later becomes insolvent. No separate guaranty exists. Does later insolvency alone revive the creditor’s claim against Berto?
- Yes, every delegación guarantees the new debtor’s solvency forever.
- No, Article 1295’s exception concerns qualifying insolvency already existing when the debt was delegated.
- Yes, because creditor consent is irrelevant.
- Yes, because Berto remains a debtor despite the stipulated release.
- No, because Article 1295 extinguishes Cora’s debt as well.
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, articles 1293–1295.
- https://lawphil.net/judjuris/juri2023/aug2023/gr_259469_2023.html — Aliguyon v Dummang, GR 259469, August 30 2023, main opinion: creditor consent and expromisión/delegación.
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