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NeCede's

Maxim 1.5.170

A novation is not presumed.

Novatio non praesumitur.

Source: Halk. 109; Jackson Difficulty 2/5 — Approachable

Explanation

An existing obligation is not presumed to have been replaced by a new one — the party asserting novation must prove that both parties intended to extinguish the original agreement.

Where this applies

  • A party claims an old debt was replaced by a new agreement without proof.
  • Someone says the original contract was substituted but there is no evidence of mutual intent to do so.

Legal domains

Cite this maxim

NeCede Max. 1.5.170 — A novation is not presumed. — Halk. 109; Jackson (Novatio non praesumitur.)

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