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Leonida borrowed some pieces of jewelry from Aurelia worth a total of P36,000 to sell on commission. Leonida failed to return the jewelry or proceeds within 5 days as agreed. Aurelia filed an estafa case against Leonida. Leonida argued the agreement was novated when Aurelia agreed to accept payment in installments from third parties. However, the court ruled against novation, as there was no new valid contract or extinguishment of the old obligation. A novation requires consent from both parties to replace

Author

James Alder Salazar

Language

EN