STUDY ON THE OBJECTIVE NOVATION OF AN OBLIGATION
Journal Title: Challenges of the knowledge society ( Provocari ale societatii cunoasterii ) - Year 2017, Vol 9, Issue 11
Abstract
In view of the fact that there is no consensus among the authors not only with regard to the precise nature, but also with regard to the unitary or dual character of the effects stemming from novation, we have decided to prepare a study on the novation of the legal obligation report which concerns the changing of the object or its cause. In the legal literature relating to the regulation of novation in the former civil code, novation covered two forms, objective and subjective. In the new civil code, the regulation of novation is based on the same primary categories of novation. Certain changes of this legal figure being expressly regulated in the Civil Code. Subjective novation (Article 1609(2) and (3) of the Civil Code is that which is carried out by changing the creditor or debtor of the initial obligation. The change of the debtor takes place when a third person undertakes to a creditor to pay the debt and it can be operated without the initial debtor’s consent which is released (Article 1609(2) Civil Code). The change of the creditor intervenes by substituting the initial creditor with a new creditor, operation as a result of which the debtor will be released from the creditor of the former obligation, being bound, as effect of novation, to the new creditor (Article 1609(2) Civil Code). Thus, a new legal obligation report is created between the parties. In addition to the theories already consecrated, the study proposes to explore the objective novation of the obligation in the light of the following analysis directions: • Novation as a way of settling the obligation versus the unsatisfactory fulfillment of the obligation; • The structure and characters of objective novation; • The legal nature of objective novation.
Authors and Affiliations
Ioan Lucian MARINESCU
Keywords
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