 For example, when a debtor asks a third party to meet the debt on his behalf, what we have is not a delegation but merely an agreement of mandate.Because the creditor knows nothing of this, and because, therefore, the common intention of all parties is lacking, it may not be said that a new contract has been created.Even when the debtor requests of the creditor that in future he refer to the third party for payment, this amounts only to an assignation of debt; the third party steps in of his own initiative—"ex promiso".