These articles discuss subrogation, which is the substitution of one party for another in regards to a legal right or claim. Article 1300 defines legal and conventional subrogation, with the former not being presumed except in specific code cases and the latter requiring clear consent. Article 1301 specifies that conventional subrogation requires consent from the original parties and third person. Article 1302 presumes legal subrogation in three cases: when a preferred creditor is paid by another creditor, a third party not interested in the obligation pays with debtor approval, or an interested party pays without prejudice to their share.
These articles discuss subrogation, which is the substitution of one party for another in regards to a legal right or claim. Article 1300 defines legal and conventional subrogation, with the former not being presumed except in specific code cases and the latter requiring clear consent. Article 1301 specifies that conventional subrogation requires consent from the original parties and third person. Article 1302 presumes legal subrogation in three cases: when a preferred creditor is paid by another creditor, a third party not interested in the obligation pays with debtor approval, or an interested party pays without prejudice to their share.
These articles discuss subrogation, which is the substitution of one party for another in regards to a legal right or claim. Article 1300 defines legal and conventional subrogation, with the former not being presumed except in specific code cases and the latter requiring clear consent. Article 1301 specifies that conventional subrogation requires consent from the original parties and third person. Article 1302 presumes legal subrogation in three cases: when a preferred creditor is paid by another creditor, a third party not interested in the obligation pays with debtor approval, or an interested party pays without prejudice to their share.
A SUSPENSIVE OR RESOLUTORY CONDITION, THE NEW OBLIGATION SHALL BE UNDER THE SAME CONDITION, UNLESS IT IS OTHERWISE STIPULATED ARTICLE1300
SUBROGATION OF A THIRD PERSON IN THE RIGHTS OF
THE CREDITOR IS EITHER LEGAL OR CONVENTIONAL. THE FORMER IS NOT PRESUMED, EXCEPT IN CASES EXPRESSLY MENTIONED IN THIS CODE; THE LATTER MUST BE CLEARLY ESTABLISHED IN ORDER THAT IT MAY TAKE EFFECT. (1209A) ARTICLE 1301 CONVENTIONAL SUBROGATION OF A THIRD PERSON REQUIRES THE CONSENT OF THE ORIGINAL PARTIES AND OF THE THIRD PERSON. (N) ARTICLE 1302 IT IS PRESUMED THAT THERE IS LEGAL SUBROGATION: (1) WHEN A CREDITOR PAYS ANOTHER CREDITOR WHO IS PREFERRED, EVEN WITHOUT THE DEBTOR'S KNOWLEDGE; (2) WHEN A THIRD PERSON, NOT INTERESTED IN THE OBLIGATION, PAYS WITH THE EXPRESS OR TACIT APPROVAL OF THE DEBTOR; (3) WHEN, EVEN WITHOUT THE KNOWLEDGE OF THE DEBTOR, A PERSON INTERESTED IN THE FULFILLMENT OF THE OBLIGATION PAYS, WITHOUT PREJUDICE TO THE EFFECTS OF CONFUSION AS TO THE LATTER'S SHARE. (1210A) ARTICLE1303 SUBROGATION TRANSFERS TO THE PERSONS SUBROGATED THE CREDIT WITH ALL THE RIGHTS THERETO APPERTAINING, EITHER AGAINST THE DEBTOR OR AGAINST THIRD PERSON, BE THEY GUARANTORS OR POSSESSORS OF MORTGAGES, SUBJECT TO STIPULATION IN A CONVENTIONAL SUBROGATION. (1212A) 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)