Contract de leasing. Novaţie. Contract de asociere în participaţiune

C. civ.: art. 1128-1137

Ordonanţa de urgenţă a Guvernului nr. 88/1997: art. 27

Abstract

It is true that the novation cancels the former obligation by making a new obligation come into being, obligation which, although different from the former obligation, is related to it, because the former obligation is the cause of the new obligation, in other words the new obligation is a change within continuity, namely the duty of the debtor to ensure the use of the commercial space assumed in the association for participation contract was changed by the duty to ensure the use of the same space on the ground of a leasing contract with a sale clause, and consequently, the conclusion of the court is not sustained because the creditor of the obligation lost his rights with regard to the space.

The novelty of the new obligation consists in the possibility for the creditor to conclude a sale and purchase contract for the used space, under...