Invalid Extinguishment of Debt by Substitution of Debtor
France (FR)
Synthèse Legislator
Généré par l'IAA lower court wrongly found a debt validly extinguished by payment when the purported debtor had only transferred to the creditor a right to collect on a debt owed to the debtor by a third party, an act which does not constitute a novation by substitution of the debtor, as required for such an extinguishment, because the creditor had not unequivocally agreed to release the original debtor in favor of the new obligor.
Regeste Legislator
Généré par l'IAInvalid Extinguishment of Debt by Substitution of Debtor: A lower court wrongly found a debt validly extinguished by payment when the purported debtor had only transferred to the creditor a right to collect on a debt owed to the debtor by a third party, an act which does not constitute a novation by substitution of the debtor, as required for such an extinguishment, because the creditor had not unequivocally agreed to release the original debtor in favor of the new obligor.