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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