section 4 confusion or merger of rights

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.

confusion or merger

the meeting in the same person of the qualities of creditor and debtor with respect to the same obligation, which extinguishes the obligation because one cannot claim against oneself.

Requisites of Confusion or Merger

1. Creditor and debtor become the same person.

2. It happens to the principal creditor or principal debtor.

3. The merger is complete and definite.

Effect of Confusion on Guarantors (Art. 1276)

Confusion in the principal debtor or creditor extinguishes the obligation and benefits guarantors; confusion in the guarantor does not extinguish the obligation.

Confusion in Joint Obligations (Art. 1277)

Confusion does not extinguish a joint obligation except for the share of the creditor or debtor where the two characters meet.