Novation
idea · 1 work · 4 mentions · 8 anchored passages
Novatio
in the texts
Institutes of Roman Law
The extinction of a pre-existing obligation by substitution of a new one, requiring the concurrence of the other party.
(1) Substitution for an actually pre-existent debt involves Novation, i.
but Novation required the concurrence of the debtor or adversary:
The coexistence of Nomina Arcaria with Nomina Transscripticia shows that entry in a Ledger did not operate a novation and convert a debt into a ledger debt, unless the transcriptive entry represented a fictitious, not an actual, loan.