Montana Statutes
§ 28-1-1502 — Kinds Of Novation
28-1-1502 . Kinds of novation. Novation is made by the substitution of:
(1)a new obligation between the same parties with intent to extinguish the old obligation;
(2)a new debtor in place of the old one with intent to release the latter; or
(3)a new creditor in place of the old one with intent to transfer the rights of the latter to the former.
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Legislative History
En. Sec. 2071, Civ. C. 1895; re-en. Sec. 4959, Rev. C. 1907; re-en. Sec. 7461, R.C.M. 1921; Cal. Civ. C. Sec. 1531; Field Civ. C. Sec. 737; re-en. Sec. 7461, R.C.M. 1935; R.C.M. 1947, 58-506.
Nearby Sections
15
§ 28-1-1002
When Burden Of Obligation May Be Transferred§ 28-1-101
Definitions§ 28-1-102
How Obligations Arise§ 28-1-104
Relief From Forfeiture§ 28-1-1101
Extinction Of Obligation By Full Performance§ 28-1-1102
Performance By One Of Several Joint Debtors§ 28-1-1107
Through 28-1-1110 Reserved§ 28-1-1112
Objections To Tender -- Waiver