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novativa

English translation: will to novate the obligation

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
Italian term or phrase:novativa
English translation:will to novate the obligation
Entered by: LegalTransform
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21:25 Jul 29, 2001
Italian to English translations [PRO]
Law/Patents
Italian term or phrase: novativa
In a settlement of a legal case:
quanto sopra non costituisce riconoscimento alcuno ed é altresi espressamente esclusa ogni voluntà novativa.
LegalTransform
United States
Local time: 16:11
will to novate the obligation
Explanation:
http://www.la-notary.com/civil/civil3_3.html

Art. 1881. Objective novation
Novation takes place when, by agreement of the parties, a new performance is substituted for that previously owed, or a new cause is substituted for that of the original obligation. If any substantial part of the original performance is still owed, there is no novation.

Novation takes place also when the parties expressly declare their intention to novate an obligation.

Mere modification of an obligation, made without intention to extinguish it, does not effect a novation. The execution of a new writing, the issuance or renewal of a negotiable instrument, or the giving of new securities for the performance of an existing obligation are examples of such a modification.

Novation = replacing an old obligation by a new one

Selected response from:

Francesco D'Alessandro
Spain
Local time: 21:11
Grading comment
Thank you all for your great answers. There really needs to be a way to divide points among answerers!!!
4 KudoZ points were awarded for this answer

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Summary of answers provided
na +1will to novate the obligation
Francesco D'Alessandro
naNovazioneAlessandra Hall
nalegal intent for novationAudrey


  

Answers


2 hrs
legal intent for novation


Explanation:
novation: novazione
volontà novativa - volontà di fare una novazione
dal quale deduco
legal intent for novation
Hope it helps
Audrey

Audrey
Italy
Local time: 22:11
PRO pts in pair: 59
Login to enter a peer comment (or grade)

3 hrs peer agreement (net): +1
will to novate the obligation


Explanation:
http://www.la-notary.com/civil/civil3_3.html

Art. 1881. Objective novation
Novation takes place when, by agreement of the parties, a new performance is substituted for that previously owed, or a new cause is substituted for that of the original obligation. If any substantial part of the original performance is still owed, there is no novation.

Novation takes place also when the parties expressly declare their intention to novate an obligation.

Mere modification of an obligation, made without intention to extinguish it, does not effect a novation. The execution of a new writing, the issuance or renewal of a negotiable instrument, or the giving of new securities for the performance of an existing obligation are examples of such a modification.

Novation = replacing an old obligation by a new one



Francesco D'Alessandro
Spain
Local time: 21:11
Native speaker of: Native in ItalianItalian
PRO pts in pair: 1392
Grading comment
Thank you all for your great answers. There really needs to be a way to divide points among answerers!!!

Peer comments on this answer (and responses from the answerer)
agree  Heathcliff: (Or "...expressly excludes [or "bars"] any novative intent...")
1 day 44 mins
Login to enter a peer comment (or grade)

9 hrs
Novazione


Explanation:
According to West's Law & Commercial Dictionary(1985), Novation/novazione: "[S]ubstitution of a new contract, debt or obligation for an existing one, between the same or different parties...The requisites of a novation are a previous valid obligation, an agreement of all the parties to a new contract, the extinguishment of the old obligation, and the validity of the new one."



    West's Law & Commercial Dictionary in Five Languages (1985)
    West Publishing Company, St. Paul, Minnesota, USA
Alessandra Hall
United States
Local time: 16:11
PRO pts in pair: 22
Login to enter a peer comment (or grade)




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