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All Jurisprudence based

0 tracked cards Civil Law and Land Titles and Deeds

Fina and Gelo privately agree that Gelo will replace Fina as debtor to Hilda. Hilda receives their letter but expressly refuses substitution and does not release Fina. Gelo later becomes insolvent. Fina argues she was discharged by delegación and that Article 1295 protects her from revival. What is correct?

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Gelo’s insolvency supplies the missing creditor consent retroactively. Fina was released solely by her agreement with Gelo. Article 1295 automatically extinguishes every debt proposed for substitution. There was no effective substitutive novation without Hilda’s consent, so Fina cannot invoke the rules governing a discharged debtor to claim release.

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