Louisiana Civil Code 1883 – No effect when obligation is invalid
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Terms Used In Louisiana Civil Code 1883
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
Novation has no effect when the obligation it purports to extinguish does not exist or is absolutely null.
If the obligation is only relatively null, the novation is valid, provided the obligor of the new one knew of the defect of the extinguished obligation.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.