Subrogation also occurs where the debtor, borrowing a sum for the purpose of paying his debt, subrogates the lender in the rights of the creditor with the latter’s concurrence. In this case, the subrogation must be express and the receipt given by the creditor must indicate the source of the funds.
Subrogation may be granted without the assistance of the creditor, but on condition that the debt is due or the term is in favour of the debtor. In this case, the deed of loan and the receipt must be executed before a notary, the deed of loan must state that the sum was borrowed to make the payment, and the receipt must state that the payment was made from sums paid for this purpose by the new creditor.