Novation (the substitution of a new debt or obligation for an existing one) is not presumed in law.

Explanation

(English-origin maxim.) The law does not presume that a new obligation has replaced an old one — novation must be clearly proved, and the intent to extinguish the prior debt must be unambiguous.

Where this applies

• A creditor accepts a new promissory note from the debtor and claims it automatically replaced the old debt, but the court says novation must be explicitly proved — it is never presumed.
• A company signs a new contract with a vendor and argues the old contract is extinguished, but the court holds both contracts stand unless there is clear evidence the parties intended to substitute one for the other.
• A borrower refinances a loan and claims the original note is cancelled, but the lender shows no novation was agreed to — the old obligation survives alongside the new one until the intent to replace is proven.