Question
4. Upon the proposal of athird person, a new debtor substituted the originaldebtor without the latters consent. The creditor accepted the substitution.Later, however, the newdebtorbecame
4. Upon the proposal of athird person, a new debtor substituted the originaldebtor without
the latters consent. The
creditor accepted the substitution.Later, however, the newdebtorbecame insolvent and defaulted in his obligation.
What is the effect ofthe new debtors
default upon the original debtor?
A. The original debtor is freed ofliability since novation took place andthis relieved him ofhis obligation.
B. The original debtor shall pay or perform theobligation with recourse to the new debtor.C. The original debtor remains liable since he gave no consent to the substitution.D. The original debtor shall payor perform 50% of the obligationto avoid unjust enrichmenton his part.
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