Article 1337
Where the delegator is a debtor of the delegatee and the delegatee's intention to discharge the delegator is expressly stated in the deed, the delegation constitutes novation. However, the delegator r…
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Showing 41–50 of 44292 articles for “Art. RJDA 2/24 n° 133”
Where the delegator is a debtor of the delegatee and the delegatee's intention to discharge the delegator is expressly stated in the deed, the delegation constitutes novation. However, the delegator r…
Novation takes place only if both the old obligation and the new obligation are valid, unless its declared object is to substitute a valid undertaking for an undertaking which is vitiated by a defect.
Novation agreed between the creditor and one of the joint and several debtors discharges the others. A novation agreed between the creditor and a guarantor does not release the principal debtor. It re…
Where the delegator is indebted to the delegatee but the delegatee has not discharged him of his debt, the delegation gives the delegatee a second debtor. Payment made by one of the two debtors discha…
The extinction of the old obligation extends to all its accessories. As an exception, the original collateral may be reserved to secure the new obligation with the consent of the third-party guarantor…
Novation cannot be presumed; the intention to effect it must be clear from the instrument.
Delegation is a transaction by which one person, the delegator, obtains from another, the delegate, an obligation to a third, the delegatee, who accepts it as a debtor. The delegate may not, unless ot…
Novation by change of debtor may be effected without the involvement of the first debtor.
Novation by change of creditor requires the debtor's consent. The latter may, in advance, agree to the new creditor being designated by the first creditor.
If a difficulty arises in drawing up the inventory, the president of the judicial court, seised by the earliest party, shall rule in accordance with the accelerated procedure on the merits..
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