Conditions of novation by change of debtor

The High Court of Justice and Cassation ruled that under the lease agreements between financers and users were canceled in accordance with the contract’s clauses, the applicant’s further payment of outstanding rates and initial user acceptance of such payment by the financer cannot lead to the conclusion that in the cause was a novation of the debtor, the conditions mentioned in the provisions of article 1131 of the Civil Code ( article 1610 New Civil Code ) were not fulfilled. In this case, due to those legal provisions the intention to novate must clearly result from the parties’ convention being necessary that the creditor’s will to set free the initial debtor to be clearly expressed, but such a condition cannot be found in this case submitted to the jugdement were it was missing  animus novandi from the defendant. (Decision no. 1752 from 28th of March 2012 pronounced in appeal by the Civil Section II of the High Court of Justice and Cassation having as object an action for novation by change of debtor )

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