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:
Log into Facebook Log into Facebook to start sharing and connecting with your friends, family, and people you know
Log into your Facebook account | Facebook Help Center How to log into your Facebook account using your email, phone number or username
Forgot password | Cant log in | Facebook Please enter your email or mobile number to search for your account
Login and Password | Facebook Help Center Find out what to do if you're having trouble logging in, or learn how to log out of Facebook
How to Log in to Facebook: Simple Steps Troubleshooting Open https: www facebook com login identify in a browser and enter the email address, phone number, or username you used to sign up for your account Click Search and follow the instructions to reset your password In the Facebook app, tap Forgot Password? on the login screen
Account Recovery | Facebook Help Center Get support to recover your account For best results, use a device you've used to log in before
Facebook Facebook
Facebook Help Center Fix login issues and learn how to change or reset your password Privacy and Safety Control who can see what you share and add extra protection to your account
Recover your Facebook account if you can’t log in | Facebook . . . If you're having trouble logging into your account, review these tips and known login issues
How to Log Into Facebook on Your Computer or Mobile Devices You can log into Facebook on your computer or phone using the website or app Once you've logged into Facebook, you can save your account information and log in faster in the future