Practice question
Nora, who is not interested in the obligation, pays Omar’s creditor with Omar’s express approval. Assuming the stated circumstances and no contrary issue, which rule applies?
- Legal subrogation is impossible for every disinterested payer.
- Article 1302 presumes legal subrogation when a disinterested third person pays with the debtor’s express or tacit approval.
- Nora automatically becomes Omar’s substitute debtor rather than a creditor.
- The creditor must keep the debt collectible in full a second time.
- Omar’s approval is irrelevant in all third-party payments.
Legal references
- https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html — Civil Code, articles 1236–1237 and 1300–1304.
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