Art. 1296.

When the principal obligation is extinguished in consequence of a novation, accessory

obligations may subsist only insofar as they may benefit third persons who did not give their
consent.
• Effect on Accessory Obligation
• Extinguished except if third party does not give their consent.
• Stipulation Contrary to Article 1296
• provided that the debtors of said accessory obligations give their consent.
• Effect on Stipulation Pour Autrui
• Accessory obligations or stipulations made in favor of third persons (stipulations pour autrui)
remain unless said third persons have their consent to the novation.
• In summary, Article 1296 ensures that when the principal obligation is extinguished through
novation, accessory obligations may only continue if they benefit third parties who did not
consent to the novation. This provision protects the interests of parties who may have provided
guarantees or collateral tied to the original obligation.