Novation
A Dictionary of Law · Henry Campbell Black · 1891
A Dictionary of Law
Novation is the substitution of a new debt or obligation for an existing one. Civil Code Cal. § 1530; Civil Code Dai. § 868. obligation; the other to substitute a new one In its place. Civil Code La. art.
2185.
The term was originally a technical term of the civil law, but is now in very general use in linglish and American jurisprudence. SSS In the civil law, there are three kinds of novation: (1) Where the debtor and creditor remain the same, but a new debt takes the place of the old one; (2) where the debt remains the same, but a new debtoris substituted; (3) Where the debiand debtor remain, but a new creditor is substituted.
48 Miss, 451.