Text of the provision
Art. 1300. Subrogation of a third person in the rights of the creditor is either legal or conventional. The former is not presumed, except in cases expressly mentioned in this Code; the latter must be clearly established in order that it may take effect.
(1209a)
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
Subrogation of a third person in the creditor's rights is legal (arising by law, never presumed except where the Code provides) or conventional (by agreement, which must be clearly established).
Related provisions
- Article 1299 — Conditional Original Obligation.
- Article 1301 — Conventional Subrogation.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.