Merger
An obligation was extinguished ipso iure by merger (confusio) when the capacities of the creditor and debtor were combined in one and the same person, for instance when the debtor became the creditor’s heir.[1030] It should be noted that such confusio also discharged the surety, whilst the identification of debtor and surety discharged the suretyship. On the other hand, the obligation to pay the debt remained unaffected if there was an identification of surety and creditor.[1031]
4.13.5
More on the topic Merger:
- Termination of Real Security
- Termination of Servitudes
- Data and Results: Intraparty Linkages
- Problems with our conception
- INTRODUCTION
- The Example of Delictual Liability for Others
- The notion of an implied condition (natural law)
- ABBREVIATIONS
- TUTORSHIP AND AGENCY
- Conclusion