Plata parţială a sumei pretinse de creditor. Neîndeplinirea condiţiilor privind novaţia obiectivă

Partial payment of the amount claimed by the creditor. Failure to fulfil the conditions for objective novation

Abstract

Novation is a legal operation of transformation of the obligation, an obligation which is not transferred from one patrimony to another (with preservation of the nature - contractual, delictual - of the guarantees and other accessories), but is transformed: the original obligation is extinguished, and so are the rights linked to the extinguished obligation; moreover, the new obligation may be of a different nature from the extinguished obligation - while the original obligation may be tortious, the new obligation is always contractual.

According to Article 1610 of the Civil Code, novation is not presumed, as the intention to novate must be unquestionable. Thus, the intention to novate, to create a new obligation, is an essential element of novation, and the absence of this...