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Cap. 16 · Civil Code (Cap. 16)

Cap. 16 Art. 1189Pleas which may be set up by the delegated debtor against his new creditor.

Sub-title V

In forceOfficial text

(1) A delegated debtor who has accepted the delegation cannot set up against his new creditor such pleas as he could have set up against his original creditor, saving his right of relief against the latter.

(2) The provisions contained in sub-article (1) of this article shall not apply where the person making the delegation intended by such delegation to make a gift to the person in whose favour the delegation was made.

(3) Nor shall the said provisions apply with regard to pleas depending on the condition of a person, such as the condition of a minor, provided such condition existed at the time when the person delegated accepted the delegation.

§ III. OF THE REMISSION OF DEBTS