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.
Ang subrogation ng
ikatlong tao sa mga karapatan ng nagpautang ay maaaring legal o konbensyonal.
Ang nauna ay hindi ipinapagpalagay, maliban sa mga kaso na malinaw na
nabanggit sa Code na ito; ang nahuli ay dapat na malinaw na itinatag upang ito
ay magkabisa. (1209a)
Subrogation is the active
subjective novation characterized by the transfer to a third person of all the
rights pertaining to the creditor in the transaction concerned including the
right to proceed against the guarantors or possessor of mortgages, and similar
other subject to any applicable legal provisions or any stipulation agreed upon
by the parties in conventional subrogation.
It is the transfer of the credit
of the creditor arising in a transaction, to a third person with all the rights
appertaining thereto, either against the debtor or against third persons.
Subrogation is designed to
promote and accomplish justice and is the mode which equity adopts to compel
the ultimate payment of a debt by one who in justice and good conscience ought
to pay.
Kinds of
subrogation (or Active Subject Novation)
As to their creation
a.
Legal subrogation
b.
Voluntary or conventional subrogation
As
to their extent
a.
Total subrogation
b.
Partial subrogation
Legal subrogation is not presumed except in the
cases mentioned in the law. Voluntary subrogation must be clearly established
with sufficient evidence, otherwise, its existence will not be sustained.
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