Page 327 - Important Provisions of The New Civil Code

Article 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. (1205a)

Article 1294. If the substitution is without the

knowledge or against the will of the debtor, the

new debtor's insolvency or non-fulfillment of

the obligations shall not give rise to any liability

on the part of the original debtor. (n)

Article 1296. When the principal obligation is

extinguished in consequence of a novation,

accessory obligations may subsist only insofar

as they may benefit third persons who did not

give their consent. (1207)