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novation    
n. 更新

更新

novation
n 1: (law) the replacement of one obligation by another by
mutual agreement of both parties; usually the replacement
of one of the original parties to a contract with the
consent of the remaining party

Novation \No*va"tion\, n. [L. novatio; novus new: cf. F.
novation.]
1. Innovation. [Obs.]
[1913 Webster]

I shall easily grant that novations in religion are
a main cause of distempers in commonwealths. --Laud.
[1913 Webster]

2. (Law) A substitution of a new debt for an old one; also,
the remodeling of an old obligation; debt restructuring.
[1913 Webster PJC]

NOVATION, civil law. 1. Novation is a substitution of a new for an old debt.
The old debt is extinguished by the new one contracted in its stead; a
novation may be made in three different ways, which form three distinct
kinds of novations.
2. The first takes place, without the intervention of any new person,
where a debtor contracts a new engagement with his creditor, in
consideration of being liberated from the former. This kind has no
appropriate name, and is called a novation generally.
3. The second is that which takes place by the intervention of a new
debtor, where another person becomes a debtor instead of a former debtor,
and is accepted by the creditor, who thereupon discharges the first debtor.
The person thus rendering himself debtor for another, who is in consequence
discharged, is called expromissor; and this kind of novation is caned
expromissio.
4. The third kind of novation takes place by the intervention of a new
creditor where a debtor, for the purpose of being discharged from his
original creditor, by order of that creditor, contracts some obligation in
favor of a new creditor. There is also a particular kind of novation called
a delegation. Poth. Obl. pt. 3, c. 2, art. 1. See Delegation.
5.-2. It is a settled principle of the common law, that a mere
agreement to substitute any other thing in lieu of the original obligation
is void, unless actually carried into execution and accepted as
satisfaction. No action can be maintained upon the new agreement, nor can
the agreement be pleaded as a bar to the original demand. See Accord. But
where an agreement is entered into by deed, that deed gives, in itself, a
substantive cause of action, and the giving such deed may be sufficient
accord and satisfaction for a simple contract debt. 1 Burr. 9; Co. Litt.
212, b.
6. The general rule seems to be that if one indebted to another by
simple contract, give his creditor a promissory note, drawn by himself, for
the same sum, without any new consideration, the new note shall not be
deemed a satisfaction of the original debt, unless so intended and accepted
by the creditor. 15 Serg. & Rawle, 162; 1 Hill's N. Y. R. 516; 2 Wash. C. C.
Rep. 191; 1 Wash. C. C. R. 156, 321; 2 John. Cas. 438; Pet. C. C. Rep. 266;
2 Wash. C. C. R. 24, 512; 3 Wash. C. C. R. 396: Addis. 39; 5 Day, 511; 15
John. 224; 1 Cowen, 711; see 8 Greenl. 298; 2 Greenl. 121; 4 Mason, 343; 9
Watts, 273; 10 Pet. 532; 6 Watts & Serg. 165, 168. But if he transfer the
note he cannot sue on the original contract as long as the note is out of
his possession. 1 Peters' R. 267. See generally Discharge; 4 Mass.. Rep. 93;
6 Mass. R. 371; 1 Pick. R. 415; 5 Mass. R. 11; 13 Mass. R. 148; 2 N. H. Rep.
525; 9 Mass. 247; 8 Pick. 522; 8 Cowen, 390; Coop. Just. 582; Gow. on Partn.
185; 7 Vin. Abr. 367; Louis. Code, art. 2181 to 2194; Watts & S. 276; 9
Watts, 280; 10 S. R. 807; 4 Watts, 378; 1 Watts & Serg. 94; Toull. h.t.;
Domat, h.t.; Dalloz. Dict. h.t.; Merl. Rep. h.t.; Clef des Lois Romaines,
h.t.; Azo & Man. Inst. t. 11, c. 2, SS 4; Burge on Sur. B. 2, c. 5, p. 166.


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  • What is a difference between modification and novation to replace . . .
    A modification changes the terms to an obligation, whereas a novation discharges the duty For example, party A has a contract to: 1) purchase 100 widgets from party B for $100; and 2) to purchase a storage building for $500
  • Addendum not signed by seller; how does this affect contract viability . . .
    Hello, I signed an addendum to the purchase agreement but the seller had not and as far as I know has still not signed it The addendum states that it is 'incorporated into the Agreement by his reference All other terms and conditions of the Agreement shall remain in full force and effect This Addendum is not a novation of the Agreement " My question is: I want to back out, for a variety of
  • Wife took a vehicle during the divorce. Vehicle repossessed from her . . .
    This is an all too common situation after a divorce A divorce decree awarding a specific asset or debt to one spouse does not change the liability for that debt with the creditor unless a new contract is negotiated (sometimes called a "novation") If you were liable on the promissory note for the vehicle prior to the divorce and the creditor never agreed to release you then you will be liable
  • Novation law and modify divorce decree, only an email was sent
    while in front of a judge in a case involving a vehicle and my ex husband the judge mentioned novate law to his lawyer i was pro se and went there to ask for another court date to get a lawyer the initial divorce decree stated he must pay the vehicle payments within a certain date if not the vehicle was mine to take i sent him an email telling him to get it current and keep it on time and
  • Is a contract still legal if the business changed their name? - Legal . . .
    Even if the business name changed through a change in entity, there's a legal concept called a "novation" where an assignment wouldn't be required Again, that's something you should discuss with an attorney if you want a definitive answer
  • Should I sign a new corrected contract with a car dealership?
    Your signature on the new form is typically considered a "novation " A novation is a new contract The original contract contained a unilateral mistake by the Offeror (the dealership), not a mutual mistake (your fault too) This creates rights of action - consult a local attorney I would retain all of the communications with the dealership to indicate the intentions of the parties at the time
  • “In the statement on the release, the receipt whereof is hereby . . .
    “In the statement on the release, "the receipt whereof is hereby acknowledged" Should I sign although I have no received money
  • Top Rated Keizer, OR Lawyers - Avvo. com
    Bio: Earl and his wife Erin started Novation Law because they wanted start a law firm that focus on the clients instead of the attorney Novation Law offers creative solution and superior service
  • Do I have to pay doc stamps on a mortgage modification? - Legal Answers
    The modification was in fact a "novation", which means a new contract If the loan was modified to extend the maturity date PRIOR to the maturity date on the loan, then no documentary stamps and intangible tax would be due
  • Does a real estate purchase contract expire? - Legal Answers
    Does a real estate purchase contract expire?No, but it does give you real strength when demanding your escrow money from the Seller It also suggests that you might have a cause of action against the Seller, which if filed and noticed in the public records (lis pendens) quickly will be more than enough to stop any new sale





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