Short answer. Yes, unless you agreed otherwise. Article 1299 provides that if the original obligation was subject to a suspensive or resolutory condition, the new obligation shall be under the same condition, unless it is otherwise stipulated. The condition carries over to the replacement obligation by default rather than disappearing with the novation.

What the law says

If the original obligation was subject to a suspensive or resolutory condition, the new obligation shall be under the same condition, unless it is otherwise stipulated.

Civil Code, Article 1299 — Conditional Original Obligation. Read the full provision →

The condition survives the novation by default

Article 1299 states plainly that if the original obligation was subject to a suspensive or resolutory condition, the new obligation shall be under the same condition, unless it is otherwise stipulated. So a novation does not, by itself, wipe out a condition that was attached to the debt it replaces. If your old debt would only become demandable once a suspensive condition happened, the new debt that took its place inherits that same waiting condition, and remains just as unenforceable until the condition occurs, unless the parties expressly agreed to drop it when they novated.

Why the law defaults this way

A condition is usually attached to an obligation because of something particular to the transaction, a pending event both sides were waiting on, a risk being managed, or a contingency the parties bargained around. Replacing the obligation's form through novation does not erase the reason that condition existed in the first place. The default rule protects whichever party benefited from the condition from having it silently stripped away just because the parties restructured the debt into a new instrument, since novation is meant to change the obligation's terms, not to quietly undo protections neither side agreed to abandon.

How the parties can change this outcome

The rule only applies unless it is otherwise stipulated, meaning the parties are free to agree that the new obligation will not carry the old condition forward. If a creditor and debtor genuinely want the replacement obligation to become unconditional, or to be subject to a different condition entirely, that intention needs to be stated in the new agreement itself. Leaving it unaddressed means the original suspensive or resolutory condition simply continues to govern when the new obligation becomes demandable or is extinguished, exactly as it did before the novation took place.

What this means in practice

Anyone negotiating a novation of a conditional debt should treat the condition as part of what is being carried into the new agreement, not something the restructuring automatically clears away. If the event the condition depends on has not yet happened, the new obligation remains suspended just as the old one was, and a creditor cannot demand payment any earlier simply because the debt was rewritten into a fresh instrument. Reviewing exactly what condition attached to the original debt is therefore just as important as reviewing the new terms themselves.

Related provisions

Note. Statute text quoted on this page is reproduced from the official enactment and is linked to the full provision. The explanation around it is general legal information from Vivas & Nobles Law Office, not legal advice. Whether it applies to your situation depends on facts only a lawyer reviewing them can assess.