Text of the provision
Art. 1292. In order that an obligation may be extinguished by another which substitute the same, it is imperative that it be so declared in unequivocal terms, or that the old and the new obligations be on every point incompatible with each other.
(1204)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
For an obligation to be extinguished by novation, it must be declared in unequivocal terms, or the old and new obligations must be completely incompatible on every point. Novation is never lightly presumed.
Related provisions
- Article 1291 — Modification of Obligations (Novation).
- Article 1293 — Substitution of Debtor.
Cases citing this article
- Diosa Arrivas vs. Manuel Bacotoc, G.R. No. 228704, December 2, 2020 — read the decision on LawPhil →
- Ruby Shelter Builders vs. Romeo Y. Tan, G.R. No. 217368, August 5, 2024 — read the decision on LawPhil →
- Systems Energizer Corporation (SECOR) vs. Bellville Development Incorporated (BDI), G.R. No. 205737, September 21, 2022 — read the decision on LawPhil →
- Tony N. Chua, Jimmy N. Chua, and Ernest T. Jeng vs. Secretary of, G.R. No. 214960, June 15, 2022 — read the decision on LawPhil →
- Carlos J. Valdes, Gabriel A.S. Valdes, Fatima Dela Conception and Asuncion V. Mercado Vs, G.R. No. 208140, July 12, 2021 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.