The Novation - Means of Transformation Civil Obligations

• Author: Maricica Valeanu
• Position: Lawyer, G. Bacovia University, Bacau, România
• Pages: 103-112

JURIDICA

103

The Novation - Means of Transformation

Civil Obligations

Maricica VĂLEANU

1

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.

1

Lawyer, G. Bacovia University, Bacǎu, România. Address: Bacǎu, 96 Pictor Aman Street, 600196,

Bacǎu, România, tel. : 0728179798. Corresponding author:av.mariavaleanu@yahoo.com.

AUDJ, vol. 10, no. 2/2014, pp. 103-112