SECTION 4.

-
Confusion or Merger
of Rights
ART. 1275. The obligation is extinguished from the
time the characters of creditor and debtor are
merged in the same person. (1192a)
• CONFUSION OR MERGER - character of debtor &
creditor is merged in same person with respect to
same obligation

• REQUISITES OF CONFUSION
 Must take place between the
principal debt & creditor
 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

of the latter does not extinguish the obligation.
(1193)
 Effect of merger in the person of principal debtor or
creditor
•It extinguishes the obligation, therefore the accessory
obligation of guaranty is also extinguished

Effects of merger in the person of guarantor

•It extinguishes the guaranty but not the principal
obligation.
ART. 1277. Confusion does not extinguish a joint
obligation except as regards the share
corresponding to the creditor or debtor in whom
the two characters concur. (1194)
 Confusion in Joint Obligation
 There can be no total confusion or merger in a joint
obligation, wherein prestation/s is divided among the
different debtors and/or the demand for is divided among
the different creditors.

• There is a confusion in a joint obligation if one debtors

becomes one of his creditor or one creditor becomes one of
his debtors.
• The confusion apply only to the part/share corresponding
to the one creditor or the one debtor whom the two
characters merged.

• This does not affect the other prestation/s and does not
extinguish the joint obligation as a whole.
Confusion in a Solidary Obligation
 There can be a confusion or merger in a solidary obligation, wherein the prestation/s is
rendered by each one of the debtors and/or its entire compliance is demanded by each
one of the creditors.
There is a confusion in solidary obligation if:
 One of the solidary debtors also becomes the sole creditors; he may then claim
reimbursements from his co-debtors.
 One of the solidary creditors also becomes the sole debtors; he may then do whatever
may be useful to the other creditors but not anything which may be prejudicial.
 The confusion may apply to the entire solidary obligation which extinguish as a whole.
THANKS!