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Current as of January 01, 2023 | Updated by Findlaw Staff
Novation takes place when, by agreement of the parties, a new performance is substituted for that previously owed, or a new cause is substituted for that of the original obligation. If any substantial part of the original performance is still owed, there is no novation.
Novation takes place also when the parties expressly declare their intention to novate an obligation.
Mere modification of an obligation, made without intention to extinguish it, does not effect a novation. The execution of a new writing, the issuance or renewal of a negotiable instrument, or the giving of new securities for the performance of an existing obligation are examples of such a modification.
Cite this article: FindLaw.com - Louisiana Civil Code Tit. III, Art. 1881. Objective novation - last updated January 01, 2023 | https://codes.findlaw.com/la/civil-code/la-civ-code-tit-iii-art-1881/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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