Law on Obligation and Contract Part5

It is the substitution or change of an obligation by another, which extinguishes or modifies the first, either changing its object or principal condition or substituting another in place of the debtor or subrogating a third person in the rights of the creditor.

2 kinds of personal novation

Change in the person of the parties and the objects or modification of principal condition

• Real novation

• Personal novation

• Mixed novation

Changing their object or principal conditions

• Real novation

• Personal novation

• Mixed novation

Changing the person of the debtor or the creditor

• Real novation

• Personal novation

• Mixed novation

2 kinds of substitution

Change of creditor

• Substitution

• Subrogation

Change of debtor

• Substitution

• Subrogation

Substitution of debtors with the consent of the creditor at the instance of the new debtor even without the knowledge or against the will of the old debtor

• Expromision

• Delegacion

Substitution of debtors is effected with the consent of the creditor at the instance of the old debtor with the concurrence of the new debtor

• Expromision

• Delegacion