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ARTICLE 1299

-IF THE ORIGINAL OBLIGATION WAS SUBJECT TO


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)

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