Expromision prerequisites include which?

Expromision prerequisites include which?

• A. Initiative of a 3rd person; Consent of the creditor
• B. Initiative of the old debtor; Consent of the creditor
• C. Initiative of the old debtor; Acceptance by creditor
• D. Consent of the debtor; Acceptance by creditor

Answer: (A)

Expromission is a form of novation where a third person agrees to take the debt in place of the original debtor, and the creditor must consent to this substitution. The essential prerequisites are: there must be initiative from a third person who offers to assume the obligation, and the creditor must give consent to the substitution. The old debtor’s consent is not required, and the idea that the creditor must “accept” beyond giving consent isn’t an additional separate requirement. Because the two key elements are the third party’s initiative and the creditor’s consent, this combination best explains expromission.

Expromission is a form of novation where a third person agrees to take the debt in place of the original debtor, and the creditor must consent to this substitution. The essential prerequisites are: there must be initiative from a third person who offers to assume the obligation, and the creditor must give consent to the substitution. The old debtor’s consent is not required, and the idea that the creditor must “accept” beyond giving consent isn’t an additional separate requirement. Because the two key elements are the third party’s initiative and the creditor’s consent, this combination best explains expromission.