Sec 0350: Difference between revisions

Revision as of 13:58, 13 July 2025

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Section 350. (Draft in English from Vol.79)

A novation by a change of the debtor may be effected by a contract between the creditor and the new debtor, but this cannot be done against the will of the original debtor.

☆ quoted from “INDEX” with supplementary entries in […]: Images in Archives

The most plausible model for this section would be:

Japanese Civil Code (1896/98), Art.514;
- A novation by a change of the debtor may be effected by a contract between the creditor and the new debtor, but this cannot be done against the will of the old (original) debtor.

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 * Japanese Civil Code (1896/98), Art.514;
 ** A novation by a change of the debtor may be effected by a contract between the creditor and the new debtor, but this cannot be done against the will of the old (original) debtor.
-The other miscellaneous sources are as follows:
-* French Civil Code (1804), Arts. 1274, 1275, and 1277;
-** Art.1274;
-*** Novation by the substitution of a new debtor, may be effected without the concurrence of the first.
-** Art.1275;
-*** The delegation by which a debtor gives to a creditor another debtor who binds himself towards the creditor, does not operate novation, if the creditor has not expressly declared that he intended to discharge his debtor who has made the delegation.
-** Art.1277;
-*** [I] The simple indication made by the debtor, of a person who is to pay in his place, does not operate novation.
-*** [II] The same rule applies to the simple indication made by the creditor, of a person who is to receive for him.