Article 395 of Civil Code

1 - A creditor who has received satisfaction of his right from someone other than the debtor may agree with that third party that the latter shall be subrogated to his position, even if the debtor does not consent, provided that the agreement is contained in an instrument bearing an established date no later than the time of payment. (1) The third paragraph was added by Law No. 15 of 1996 Index of the Law 994 Home Page Civil Code Decree-Law No. 67 of 1980 AD Promulgating the Civil Code 2 - The debtor may also, if he borrows money with which he pays the debt, subrogate the lender to the creditor who has received satisfaction of his right, even without that creditor's consent, provided that the subrogation agreement is contained in an instrument bearing an established date, that the loan contract states that the money has been allocated for payment, and that the receipt specifies that payment was made from the money borrowed from the new creditor. The original creditor may not refuse to include that statement.