Philippine Bar review · Question

Practice question: Legal and Conventional Subrogation

Multiple Choice Hard

Practice question

An ordinary assignment of an existing credit is established, without novation or a special term requiring debtor approval. The debtor insists every change in creditor is conventional subrogation and therefore needs his consent. Which response follows Licaros?
  1. Assignment and conventional subrogation are distinct; debtor consent is not generally needed for the assignment
  2. Every assignment is necessarily conventional subrogation
  3. The creditor must obtain a new criminal judgment
  4. The assignment necessarily extinguishes all accessories
  5. The debtor can prohibit it merely by remaining silent

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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