Practice question
Where a valid substitution was made without the original debtor’s knowledge or against that debtor’s will, what does Article 1294 say about the new debtor’s insolvency or nonfulfillment?
- It always makes the old debtor solidarily liable again.
- It automatically creates a mortgage over the old debtor’s property.
- It makes the old debtor criminally liable for the new debtor’s failure.
- It requires the old debtor to pay half regardless of agreement.
- It does not give rise to liability on the part of the original debtor.
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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