Text of the provision
Art. 1301. Conventional subrogation of a third person requires the consent of the original parties and of the third person.
(n)
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
Conventional subrogation requires the consent of all three: the original creditor, the debtor, and the third person — distinguishing it from a mere assignment of credit.
Related provisions
- Article 1300 — Legal and Conventional Subrogation.
- Article 1302 — When Legal Subrogation Is Presumed.
Cases citing this article
- Abelardo B. Licaros vs. Antonio P. Gatmaitan, G.R. No. 142838, August 9, 2001 — read the decision on LawPhil →
- Elsa B. Reyes vs. Court of Appeals, et al, G.R. No. 120817, November 4, 1996 — 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.