Volume 1, Draft Civil Code - Digital exhibitions & collections - McGill ...

366 OBLIGATIONS
3. in favour of a person who pays a debt for which he is
bound with or for other persons and which he has an
interest in paying;
4. in favour of a beneficiary heir who pays out of his own
funds a debt owed by the succession;
5. in all other cases established by law.
226 Subrogation has effect against the principal debtor and
against all persons who guarantee the debt.
227 A creditor who has been only partially paid may
exercise his rights for the balance, in preference to the
subrogate who has partially paid him.
CHAPTER III
DELEGATION OF PAYMENT
228 The appointment by a debtor of a person to pay in his
stead constitutes delegation of payment, provided the delegate
binds himself personally as regards the payment.
229 A creditor who accepts the delegation retains his rights
against the debtor who delegates, except in cases of novation.
230 Delegation of payment is otherwise subject to the rules
governing stipulations in favour of another.
CHAPTER IV
TENDER AND DEPOSIT
231 Tender is the presentation to the creditor, as payment, of
a thing due when and where that thing is payable.
It must also include a reasonable amount to cover