Chapter 4

Section 4 – Confusion or Merger of Rights

Art. 1275. The obligation is extinguished from the time the character of creditor and debtor are merged
in the same person.

 Confusion or merger is the meeting in one person of the characters of creditor and debtor with
respect to the same obligation
 The law treats confusion or merger as a mode of extinguishing obligations because if a debtor is
his own creditor, enforcement of the obligation becomes absurd since a person cannot claim
payment from himself.
 Requisite of confusion
1. It must take place between the principal debt and creditor
2. It must be complete

Art. 1276. Merger which takes place in the person of the principal debtor or creditor benefits the
guarantors. Confusion which takes place in the person of any latter does not extinguish the obligation.

 The accessory obligation of guaranty is also extinguished in accordance with the principle that
the accessory follows the principle.
 However, the extinguishment of the accessory obligation does not carry with it that of the
principal obligation. Consequently, merger, which takes place in the person of the guarantor,
while it extinguishes the guaranty, leaves the principal obligation in force

Art. 1277. Confusion does not extinguish a joint obligation except as a regard the share corresponding to
the creditor or debtor in whom the two characters concur.