NO TODA OBLIGACIÓN SE EXTINGUE CUANDO EN EL OBLIGADO RECAE EL DERECHO A EXIGIR EL CUMPLIMIENTO.

Abstract

When a single person is at once the lender and the borrower, the merger (and resulting extinction) of established obligations cannot affect rights that are independent of the acts of the person in question. The circumstance alluded to appears in the assignment of debt to the borrower where the debt cannot be subjected to transfer, and it also appears in inheritance by the borrower from the lender where the borrower uses his/her benefit of inventory to refuse acceptance of the lender's estate.