Subrogating 3 person to rights of creditor active 1

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Unformatted text preview: s from 3rd person or new debtor; new debtor and creditor to consent; old debtor released from obligation; subject to full reimbursement and subrogation if made w/ consent of old debtor; if w/o consent or against will , only beneficial reimbursement; if new debtor is insolvent, not responsible since w/o his consent • DELEGACION; initiative of old debtor; all parties to consent; full reimbursement; if insolvent new debtor – not responsible old debtor because obligation extinguished by valid novation unless: insolvency already existing and of public knowledge or know to him at time of delegacion 1. Delegante – old debtor 2. Delegatario - creditor 3. Delegado – new debtor rd ii. Subrogating 3 person to rights of creditor ( active ) 1. Conventional - agreement and consent of all parties; clearly established 2. Legal - takes place by operation of law; no need for consent; not presumed except as provided for in law: PRESUMED WHENPage 119 of 297 Civil Law Summer Reviewer ATENEO CENTRAL BAR OPERATIONS 2007 a. b. c. Difference from payment by 3rd person Creditor pays another preferred creditor even w/o debtor’s knowledge rd 3 person not interested in obligation pays w/ approval of debtor Person interested in fulfillment of obligation pays debt even w/o knowledge of debtor Change of debtor 1. debtor is not necessarily released from debt 2. can be done w/o consent of creditor 1. debtor is released 3. one obligation 3. two obligations; one is extinguished and new one created 4. new debtor is obliged to pay 4. 3rd person has no obligation to pay if insolvent 2. needs consent of creditor – express or implied 4. 5. 6. Fulfill what has been expressly stipulated All consequences w/c may be in keeping with good faith, usage and law Relativity – binding only between the parties, their assigns, heirs; strangers cannot demand enforcement EXCEPTION TO RELATIVITY: 1. Accion pauliana 2. Accion directa 3. Stipulation pour autrui REQUISITES OF STIPULATION POUR AUTRUI 1. Parties must have clearly...
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This document was uploaded on 02/18/2014 for the course ACC 2001 at Alabama Christian Academy.

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