Article 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.

2 Kinds:
1. Substitution- when the person
of the debtor is
substituted; a third person will take
place of the debtor
2. Subrogation- when a third
person is subrogated in
the rights of the creditor
TWO KINDS OF PERSONAL NOVATION
1. Substitution- when the person of the debtor is substituted; a third person will
take place of the debtor.
2. Subrogation- A third person is subrogated in the rights of the creditor.
KINDS OF SUBSTITUTION
1. Expromission
Takes place when a third person of his own initiative and without the
knowledge or against the will of the original debtor assumes the latter’s
obligation with the consent of the creditor.
-Payment by the new debtor gives him the right to beneficial reimbursement
-Must come from a third person initiating/proposing
-Original debtor is released from the obligation

Example:
 Initially, Person X found themselves burdened with a debt of 10,000 owed to
Person Y. However, after some negotiations, a mutually beneficial agreement was
reached. This agreement involved a substitution of the debtor, where a third person,
Person Z, would assume the debt on behalf of Person X. Instead of following the
conventional method of repaying the owed amount in cash, Person Z proposed an
alternative solution. They suggested paying the debt on behalf of Person X without their
knowledge or against their will. As a result, Person X is released from liability, and
Person Z has the right to be reimbursed the 10,000 they paid.
2. Delegacion
Takes place when the creditor accepts a third person to take place of the
debtor at the instance of the debtor.
- Here, all the parties, the old debtor, the new debtor, and the creditor must agree.
-If the payment was made with the consent of the original debtor or on his own initiative,
the new debtor is entitled to reimbursement and subrogation. (ART. 1237)
-The old debtor initiates/propose the substitution to the creditor.
-Ratification- giving consent to an agreement

Example:
Initially, Person X found themselves burdened with a significant debt of 10,000
owed to Person Y. However, after some intense negotiations, a mutually beneficial
agreement was reached. This agreement involved a substitution of the debtor, where a
third person, Person Z, would graciously assume the debt on behalf of Person X.
Instead of following the conventional method of repaying the owed amount in cash,
Person Z proposed an ingenious alternative solution. They suggested paying off the
debt on behalf of Person X without their knowledge or against their will. As a result,
Person X is now completely released from any liability, and Person Z has rightfully
earned the right to be reimbursed the $50,000 they selflessly paid. This arrangement
not only relieves Person X from their financial burden but also ensures that Person Y
receives the full amount owed to them.