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 .
安装中文字典英文字典查询工具!
中文字典英文字典工具:
复制到剪贴板
英文字典中文字典相关资料:
Online Calculator The original calculator was invented in the 17th century by a Frenchman called Blaise Pascal! He was just 18 years old, and wanted to help his father do his tax calculations
Calculator. net: Free Online Calculators - Math, Fitness, Finance, Science Online calculator for quick calculations, along with a large collection of calculators on math, finance, fitness, and more, each with in-depth information
Percentage Calculator This free percentage calculator computes a number of values involving percentages, including the percentage difference between two given values
Online Calculator Free Online Scientific Notation Calculator Solve advanced problems in Physics, Mathematics and Engineering Math Expression Renderer, Plots, Unit Converter, Equation Solver, Complex Numbers, Calculation History
Calculators | Calculator Soup Find the ideal calculator for math, science, statistics Browse calculators for banking, finance, loans, time and date, conversion, fractions, algebra and more
Web 2. 0 scientific calculator Free Online Scientific Notation Calculator Solve advanced problems in Physics, Mathematics and Engineering Math Expression Renderer, Plots, Unit Converter, Equation Solver, Complex Numbers, Calculation History
Desmos | Beautiful free math. Jump into a new dimension of math Have you ever felt like two dimensions isn't quite enough? The Desmos 3D Calculator lets you explore curves, surfaces, and points in all three dimensions