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Cap. 16 · Civil Code (Cap. 16)

Cap. 16 Art. 1188Effects thereof.

Sub-title V

In forceOfficial text

(1) The novation between the creditor and one of the joint and several debtors shall release the other co-debtors, saving the right of relief competent to the debtor contracting the new obligation against the co-debtors in respect of their share of the former debt discharged by him.

(2) A novation which takes place in respect of the principal debtor shall discharge the sureties.

(3) Nevertheless, where the creditor demands the concurrence of the co-debtors in the case referred to in sub-article (1) of this article, or the concurrence of the sureties in the case referred to in sub-article (2) of this article, and such co-debtors or sureties refuse to accept the new agreement, the former debt shall continue to subsist.