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Article 1304:

A Creditor, to whom partial payment has been made, may exercise his right for the remainder, and he
shall be preferred to the person who has been subrogated in his place in virtue of the partial payment of
the same credit. (1213)

Explanation:

This means there are two creditors not just one creditor but he still remains as a creditor because he
was only paid a partial payment.

Example:

Hades has a Php 1,000,000 credit to Soleil, with the consent of Hades and Soleil, Raoul agreed to pay
Php 500,000 to Soleil as a partial payment. That makes Soleil and Raoul a creditor to Hades and Hades
owes Soleil and Raoul Php 500,000 each.

Suppose, Hades has Php 500,000 money, the question is to whom will Hades pay the money? Who is the
more preferred?

The answer is Article 1304 and Soleil is more preferred because she is granted by the law, she is granted
of preferential right to collect the remaining balance. Soleil is the one who is preferred because she is
the original creditor. This article gives right to the first creditor since he was the first one who lend the
money.

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