Substituting a new debtor
Article 1293 of the Civil Code provides for the requirements for novation by substitution of the person of the debtor. This provision reads:
In S. C Megaworld Construction and Development Corporation v. Parada,[1] the Supreme Court held that "to change the person of the debtor, the former debtor must be expressly released from the obligation, and the third person or new debtor must assume the former's place in the contractual relation."[2]
[1] G.R. No. 183804, September 11, 2013, 705 SCRA 584.
[2] Id. at 599-600. Citation omitted.
Art. 1293. Novation which consists in substituting a new debtor in the place of the original one, may be made even without the knowledge or against the will of the latter, but not without the consent of the creditor. Payment by the new debtor gives him the rights mentioned in Articles 1236 and 1237.
In S. C Megaworld Construction and Development Corporation v. Parada,[1] the Supreme Court held that "to change the person of the debtor, the former debtor must be expressly released from the obligation, and the third person or new debtor must assume the former's place in the contractual relation."[2][1] G.R. No. 183804, September 11, 2013, 705 SCRA 584.
[2] Id. at 599-600. Citation omitted.
