If you want to transfer the burden of a contract and the benefits that come with it, you need to innovate. As with the assignment, Novation transfers the services under a contract, but unlike the transfer, the innovation also transfers the burden under a contract. The parties to the innovation are generally the same parties that would participate in a market. Renewal is only possible with the agreement of the original parties and the new party. For this new contract, it is appropriate to take into account the «prices» paid for a fee by the new party in return for the contract submitted to it), unless the innovation is recorded in a document signed by the three parties. These are effective sales or assignment contracts in which certain rights are retained by the seller (for example. B for the purchase of assigned work or for the use of the plant in specific locations). The biggest difference between novation versus assignment is related to liability. With innovation, benefits and commitments are transferred to a new party. Read 3 min An innovation agreement transfers contractual obligations from one party to a third party or replaces one contractual obligation with another. All parties to this type of contract must accept the amendments. But in a new standing ovation, by definition, there are at least three parties; three parties that are very unlikely linked and each of which has its own interest.
So you can be sure that the agreement was not rigged. A witness can`t fix it. So you don`t need an act. As you create a new contract, you need to be technically taken into account. Normally, a simple innovation agreement between all parties will be sufficient, but if in doubt, the parties can instead achieve innovation as an act, which waives the need for consideration. In case of innovation, the initial contract is terminated and a new contract replaces it. In this new contract, the third party assumes the same obligations as the parties listed in the original contract. Neither the charges listed in the original contract nor the rights of the past are terminated by innovation. The new contract must have a consideration. This means that the new party will have to pay a price for being included in the new contract. All three parties have the opportunity to avoid reflection by documenting innovation in a signed document.
You must use Novation if your goal is to transfer the responsibilities of a contract in addition to the benefits.