Practice question
A valid conventional subrogation expressly excludes a particular accessory guarantee from the transferred rights. Article1303 makes its general transfer rule subject to what?
- Stipulation in conventional subrogation
- Only the new creditor’s later unilateral wish
- Only the debtor’s death
- Automatic invalidity of the entire debt
- An automatic gift to the guarantor
Legal references
- Civil Code RA386: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html Articles1300–1303.
- Licaros v Gatmaitan GR142838 August9,2001 MAIN: https://lawphil.net/judjuris/juri2001/aug2001/gr_142838_2001.html Conventional subrogation distinguished from assignment.
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