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Art. 1296

The document discusses how novation affects accessory obligations under Article 1296. When the principal obligation is extinguished through novation, any accessory obligations are also extinguished unless they benefit third parties who did not consent to the novation. This protects third parties who may have provided guarantees or collateral for the original obligation.

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VICTORIA ME�OZA
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36 views1 page

Art. 1296

The document discusses how novation affects accessory obligations under Article 1296. When the principal obligation is extinguished through novation, any accessory obligations are also extinguished unless they benefit third parties who did not consent to the novation. This protects third parties who may have provided guarantees or collateral for the original obligation.

Uploaded by

VICTORIA ME�OZA
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Art. 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.
• Effect on Accessory Obligation
• Extinguished except if third party does not give their consent.
• Stipulation Contrary to Article 1296
• provided that the debtors of said accessory obligations give their consent.
• Effect on Stipulation Pour Autrui
• Accessory obligations or stipulations made in favor of third persons (stipulations pour autrui)
remain unless said third persons have their consent to the novation.
• In summary, Article 1296 ensures that when the principal obligation is extinguished through
novation, accessory obligations may only continue if they benefit third parties who did not
consent to the novation. This provision protects the interests of parties who may have provided
guarantees or collateral tied to the original obligation.

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