novation
novation — 名詞
1. a legal process in which one financial or contractual duty is replaced by a diff
債務更新
以新債務取代舊債務
a legal process in which one financial or contractual duty is replaced by a different one, so that the original duty ends and the new one takes effect — often between the same parties
The construction firm signed a novation to replace its loan with a new payment plan.
這家建設公司簽署了債務更新協議，用新的還款計畫取代了原貸款。
replace its bank loan with a new payment plan
Landlord and tenant used a novation to change monthly rent to a yearly payment.
房東與房客透過債務更新，將月付租金改為年繳。
Under the novation, the old debt was cancelled and a new obligation took its place.
根據債務更新，舊債務被取消，新的義務取而代之。
The judge accepted the novation when the debtor offered equipment to settle the cash debt.
法官接受了這項債務更新，因為債務人提供設備來清償現金債務。
Putri's accounting team prepared the novation documents to change the loan repayment schedule.
Putri 的會計團隊準備了債務更新文件，以變更貸款的還款時間表。
- substitution
less formal and not limited to legal contexts; novation is the specific legal term for replacing an obligation
- replacement
a general word; novation carries additional legal weight and requires mutual consent
- breach
breaking an obligation instead of replacing it by agreement
文法句型
novation + of + noun
novation + between + noun
用法筆記
Typically appears in formal legal and financial documents. Distinguish from Sense 2: Sense 1 focuses on replacing the obligation itself, while Sense 2 focuses on replacing a party to the contract.
常見錯誤
2. a legal arrangement in which all participants in a contract consent to substitut
契約承擔
經同意更換合約當事人
a legal arrangement in which all participants in a contract consent to substitute an existing member with a different person or company, so that the new member assumes every right and duty
Rafael agreed to a novation letting the new buyer take over his supply contract.
Rafael 同意了一項契約承擔，讓新買家接手他的供貨合約。
new buyer take over his contract
The bank approved a novation that replaced the original borrower with a more creditworthy company.
銀行批准了一項契約承擔，以信用更佳的公司取代原借款人。
The three parties used a novation to move the lease to a new tenant.
三方透過契約承擔，將租約轉給新房客。
Without a novation, the new partner would not be responsible for the firm's debts.
沒有契約承擔，新合夥人就不必對公司債務負責。
The supplier accepted the novation when the restaurant chain sold its business to Mert's group.
這家餐廳連鎖店將事業賣給 Mert 的團隊後，供應商接受了這項契約承擔。
- substitution of parties
a descriptive phrase rather than a single-word synonym
- contract transfer
broader term that may include assignment; novation is a specific type requiring all parties' consent
文法句型
novation + between + parties
novation + of + contract
用法筆記
Frequently involves three parties: the original party being replaced, the new party, and the remaining party who must give consent. The key difference from assignment is that novation transfers obligations (duties), not just rights.