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An existing obligation is not presumed to have been replaced by a new one — the party asserting novation must prove that both parties intended to extinguish the original agreement.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