Art. 1293.

Novation which consists in substituting a new debtor in the place of the original one,
may be made even without the knowledge or against the will of the latter, but not without the
consent of the creditor. Payment by the new debtor gives him the rights mentioned in Articles
1236 and 1237.
• PersonalorSubjectiveNovation
 (a) change of the debtor (passive)
 (b) change of the creditor (active)
• SubstitutionofDebtor
 (a) expromision - (where the initiative comes from a third person)
 (b) delegacion - (where the initiative comes from the debtor, for it is he who delegates
another to pay the debt, and thus, he excuses himself.)
• Expromision
 (a) Here the initiative comes from a third person.
 (b) It is essential that the old debtor be RELEASED from his obligation, otherwise there
will be no expromision, no novation
 (c) Requisites:
 (a) The initiative must come from a third person (who will be the new debtor).
 (b) The new debtor and the creditor must CONSENT.
 (c) The old debtor must be excused or released from his obligation.
• Delegacion
 replacement of the old debtor by a new debtor, who (the old debtor) has proposed
him to the creditor, and which
replacement has been agreed to by said creditor and by said new debtor.
 old debtor must be released from the obligation; otherwise, there is no valid
delegacion.
Parties
 (a) The delegante — the original debtor
 (b) The delegatario — the creditor
 (c) The delegado — the new debtor
• Requisites
 (a) The initiative comes from the old debtor.
 (b) All the parties concerned must consent or agree.
 may be given in any form
 may be express, or may be implied from his acts
 may be before or after the new debtor has given his consent
 may be conditional, but the condition has to be fulfilled; otherwise, there is no
valid delegacion.

Rights of the New Debtor

SECTION 6 - NOVATION
• The law says that “payment by the new debtor gives him the rights mentioned in Arts. 1236 and
1237” (namely, “beneficial reimbursement,” if payment was made without the knowledge or
against the will of the old debtor; “reimbursement and subrogation,” if it was made with the old
debtor’s consent).
• NovationCannotBindRespondent • Not a Party to the Assignment.

Delegacion
• The initiative comes from the old debtor.
• All the parties concerned must consent or agree.
• The old debtor must be released from his obligation.