Condividi (copia e incolla): novation o it.dicios.com/enit/novation Sometimes companies enter into agreements that they will have to abandon later, either because of internal restructuring or after buying assets. In such cases, termination may not always be the most appropriate or possible solution. However, they can transfer their rights and obligations to a third party. Read this quick guide to find out how. The criteria for the new debtor include the acceptance of the new debtor, the acceptance of liability by the new debtor and the acceptance of the new contract by the former debtor as the full performance of the old contract. Novation is not a unilateral contractual mechanism, which, in the new circumstances, gives way to negotiations on the new GGV. Thus, „the adoption of the new treaty as a full execution of the old contract“ can be read in conjunction with the phenomenon of „mutual consent of the CGV“.  In English law, the term (although it already exists in Bracton) is hardly naturalized, since the replacement of a new debtor or creditor is generally called surrender and a new contract as a merger. It is doubtful, however, that the merger will apply unless the replacement contract is of a higher nature when a contract under Siegel replaces a simple contract. When one contract is replaced by another, it is of course necessary that the new contract be valid and be based on sufficient consideration (see contract). The extinction of the previous contract is sufficient. Whether innovation is the most frequent arises in the context of the relationship between a client and a new partnership and in the sale of the activities of a life insurance company, in reference to the agreement of the underwriters for the transfer of their policies.
The points where innovation turns are whether the new company or company has assumed responsibility for the old company and whether the creditor has agreed to take responsibility for the new debtors and unload the old one. The question is in any case a fact. See in particular the Life Assurance Companies Act 1872, p. 7, where the word „novations“ is on the margins of the section and therefore has quasi-legal penalties.  This term is also used in markets where the centralized clearing system is lacking, such as swap trading. B and some OVER-the-counter derivatives, in which „novation“ refers to the process in which one party may delegate its role to another party called „entering the contract.“ This corresponds to the sale of a future contract. Unlike an order that is universally valid as long as the other party is terminated (unless the obligation is specific to the debtor, as in a personal service contract with a certain ballet dancer, or if the assignment would involve a new and particular burden for the counterparty), an innovation is valid only with the agreement of all parties to the original agreement.  A contract transferred through the innovation procedure transfers all obligations and obligations from the original debtor to the new debtor. Novation is also used in futures and options trading to describe a particular situation in which the central clearing house between buyers and sellers presents itself as a legal counterpart, i.e. the clearing house becomes a buyer for each seller and vice versa. The result is the need to determine the creditworthiness of each counterparty and the only credit risk to which participants are exposed is the risk of default by the clearing house. In this context, innovation is seen as a form of risk management.