Novaţia prin schimbarea cauzei. Inexistenţa obligaţiei vechi şi a intenţiei exprese a părţilor de a nova

Novation by change of cause. Absence of old obligation and express intention of the parties to novate

Abstract

Novation is a contractual mechanism for transforming an obligation, whereby the parties extinguish an old obligation and simultaneously replace it with a new one.

According to the provisions of Article 1609 of the Civil Code, novation is of two types, the objective, by changing the cause or object of the obligation, and the subjective, by changing its subjects, namely the debtor or the creditor. All variants of this legal transaction have common conditions of validity and are subject to the same legal regime.

From the point of view of the conditions of validity, novation presupposes the existence of both general conditions, determined by the contractual nature of the legal transaction, and special conditions arising from the rules governing the legal institution.

Therefore, being...