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Перевод: novation speek novation

новация ; нововведение; замена существующего обязательства новым; новшество


  1. This was done by novation, i.e. by agreement between Mr. Atkinson, J.C.L.
  2. However, if the third party were informed of the agreement and assented thereto, a novation could be implied, effective to bind the third party.
  3. A novation is an extinguishing of rights under the earlier contract and the creation of a new contract.
  4. On 11 November 1980, C and G contracted to sell their shares in the company to a fellow shareholder and director of the company, B. Under the terms of the agreement, the taxpayers, B, and the company, executed a deed of novation whereby the company released the taxpayers from liability on their current accounts (which stood in total at 79,000) up to a limit of 68,000.
  5. Another context in which claims analogous to novation and assignment have been raised is State succession.
  6. An incoming partner is not liable for debts incurred before he joined unless there is a novation.
  7. Adoption is different from novation and also appears to be distinguishable from merely acting as though the contract were binding on the company.
  8. After a period of time, silence on the part of a third party (the most likely response) could estop it from denying that a novation had occurred.
  9. The taxpayers appealed to a Special Commissioner, contending that the novation did not constitute a "release" because it was neither wholly voluntary or gratuitous, nor made for less than full consideration.
  10. A novation resulted in the loan's remaining outstanding; the loan was not repaid and there was nothing equivalent to a repayment.
  11. The principle known as novation is the key here, being an agreement with the creditor to substitute one debtor for another.
  12. Accordingly, the company had "released" the taxpayers from the obligation to repay the loans for the purposes of s 287(1) by virtue of the deed of novation, and the taxpayers' appeals would be dismissed.
  13. Strictly speaking, the creditor's consent to the transfer of his debt is required by novation.

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