The Novation - Means of Transformation Civil Obligations

AuthorMaricica Valeanu
PositionLawyer, G. Bacovia University, Bacau, România
The Novation - Means of Transformation
Civil Obligations
Maricica VĂLEANU
Abstract: The present work aims at the application, in concreto, of the new provisions on novation,
providing a useful working tool for private legal practitioners. It is the result of practical experience
and the interpretation approach dedicated to new provisions in the field of civil liabilities. Through
the analysis of the multitude of works in this field I have highlighted the legislative evolution as well
as the new orientations in the doctrine and jurisprudence concerning the processing of obligations. Far
from being exhaustive, the comment wants to offer solutions to the challenges posed by t he
complexity and the continuous need to adapt to the liabilities to the requirements of a company found
in a continuous, sometimes chaotic, development.
Keywords: obligational legal report; dynamic of liabilities; adaptability; legal effects
1. Introduction
The obligational right dominates all rights for the obligation is itself the type of
legal relations that can be established within a society.
Novation represents the dynamic image of this institution by surprising its
possibility to be converted depending on the need of the one operating it, depicting
the complexity and power of adaptability of the obligation.
Through a conventional way, the parts of a legal report extinguish an old obligation
and replace it with a new one. What is characteristic to novation is the fact that the
termination of the legal obligational report does not mean cessation of its effects,
but also his transformation into a new legal obligational report. The effects of the
initial obligation convert in the effects of a new obligation which was born as a
result of the novation process.
Lawyer, G. Bacovia University, Bacǎu, România. Address: Bacǎu, 96 Pictor Aman Street, 600196,
Bacǎu, România, tel. : 0728179798. Corresponding
AUDJ, vol. 10, no. 2/2014, pp. 103-112

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