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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 . . .
    That would be a modification In a novation, Party A no longer wants the widgets on those terms so Party A says no thank forget the widgets, thereby discharging Party B from any duty to deliver widgets It can become a great deal more complex if delegating parties are involved, but that is simplest manner in which I can explain it
  • 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
  • Addendum not signed by seller; how does this affect contract viability . . .
    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 "
  • Is a contract still legal if the business changed their name?
    Generally speaking, an actual legal change of entity name will necessitate some kind of assignment (i e , selling the old contract to the "new" entity) or novation of the original contract (switching the parties) In any event, I would not assume that nothing needs to be done and I would be proactive in discussing this issue with the team
  • Should I sign a new corrected contract with a car dealership?
    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
  • Does a contract have to be notarized to be legal.
    Enforcing the novation is greatly dependent upon whether Indiana law acknoweldges oral novations to written contracts, which as a Florida attorney, I don't know that answer If Indiana also acknowledges anticipatory repudiation, you might be able to send a letter to the contractor for the purpose of confirming his performance as termed in the
  • Does a Quitclaim deed release me from the financial responsibility of a . . .
    A novation is required to release you from the loan The lender is not likely to grant this unless your sister has the ability to qualify for the loan on her own Any individual seeking legal advice for their own situation should retain their own legal counsel as this response provides information that is general in nature and not specific to
  • My name spelled wrong on a lawsuit- request for dismissal of does roes . . .
    The dismissal of the DOES and ROES would not give you a basis for dismissal Had the issue been caught during the litigation, the solution was not to name you as a DOE or ROE, but to do an amendment to the complaint
  • Will becoming an LLC back date protection so that you cant go after a . . .
    The threshold issue: was the LLC or individual owner listed on the service contract? If it was the individual owner, they may not escape personal liability by forming an LLC subsequent to entering contract unless you release the individual via novation (Corporate Promotor personal liability)
  • Wife took a vehicle during the divorce. Vehicle repossessed from her . . .
    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





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