Conventional subrogation occurs on the creditor’s initiative where the creditor, receiving his payment from a third party, subrogates that third party in his rights against the debtor.
This subrogation must be express.
It must be agreed at the same time as payment, unless, in an earlier act, the subrogating party has expressed the intention that his co-contractor should be subrogated to him at the time of payment. The concomitance of subrogation and payment may be proved by any means.
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