Practice question
Is extinguishment by novation established merely because a debtor uses the word new in a repayment discussion?
- Yes; any new conversation automatically destroys every old debt.
- No.
- Only the debtor’s uncommunicated intention matters.
- Every extension of time necessarily forgives the principal.
- The creditor’s consent and actual terms are irrelevant.
Legal references
- Revised Penal Code, Articles 38, 112 and 113, cited civil-payment and extinction rules: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/28/20426
- Civil Code, Articles 774-776, 1216-1220, 1231-1238, 1288 and 1292, as particularly relevant: https://lawphil.net/statutes/repacts/ra1949/ra_386_1949.html
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