| slovo | definícia |
novation
(encz) | novation,obnovení smlouvy Zdeněk Brož |
Novation
(gcide) | Novation \No*va"tion\, n. [L. novatio; novus new: cf. F.
novation.]
1. Innovation. [Obs.]
[1913 Webster]
I shall easily grant that novations in religion are
a main cause of distempers in commonwealths. --Laud.
[1913 Webster]
2. (Law) A substitution of a new debt for an old one; also,
the remodeling of an old obligation; debt restructuring.
[1913 Webster +PJC] |
novation
(wn) | novation
n 1: (law) the replacement of one obligation by another by
mutual agreement of both parties; usually the replacement
of one of the original parties to a contract with the
consent of the remaining party |
NOVATION
(bouvier) | NOVATION, civil law. 1. Novation is a substitution of a new for an old debt.
The old debt is extinguished by the new one contracted in its stead; a
novation may be made in three different ways, which form three distinct
kinds of novations.
2. The first takes place, without the intervention of any new person,
where a debtor contracts a new engagement with his creditor, in
consideration of being liberated from the former. This kind has no
appropriate name, and is called a novation generally.
3. The second is that which takes place by the intervention of a new
debtor, where another person becomes a debtor instead of a former debtor,
and is accepted by the creditor, who thereupon discharges the first debtor.
The person thus rendering himself debtor for another, who is in consequence
discharged, is called expromissor; and this kind of novation is caned
expromissio.
4. The third kind of novation takes place by the intervention of a new
creditor where a debtor, for the purpose of being discharged from his
original creditor, by order of that creditor, contracts some obligation in
favor of a new creditor. There is also a particular kind of novation called
a delegation. Poth. Obl. pt. 3, c. 2, art. 1. See Delegation.
5.-2. It is a settled principle of the common law, that a mere
agreement to substitute any other thing in lieu of the original obligation
is void, unless actually carried into execution and accepted as
satisfaction. No action can be maintained upon the new agreement, nor can
the agreement be pleaded as a bar to the original demand. See Accord. But
where an agreement is entered into by deed, that deed gives, in itself, a
substantive cause of action, and the giving such deed may be sufficient
accord and satisfaction for a simple contract debt. 1 Burr. 9; Co. Litt.
212, b.
6. The general rule seems to be that if one indebted to another by
simple contract, give his creditor a promissory note, drawn by himself, for
the same sum, without any new consideration, the new note shall not be
deemed a satisfaction of the original debt, unless so intended and accepted
by the creditor. 15 Serg. & Rawle, 162; 1 Hill's N. Y. R. 516; 2 Wash. C. C.
Rep. 191; 1 Wash. C. C. R. 156, 321; 2 John. Cas. 438; Pet. C. C. Rep. 266;
2 Wash. C. C. R. 24, 512; 3 Wash. C. C. R. 396: Addis. 39; 5 Day, 511; 15
John. 224; 1 Cowen, 711; see 8 Greenl. 298; 2 Greenl. 121; 4 Mason, 343; 9
Watts, 273; 10 Pet. 532; 6 Watts & Serg. 165, 168. But if he transfer the
note he cannot sue on the original contract as long as the note is out of
his possession. 1 Peters' R. 267. See generally Discharge; 4 Mass.. Rep. 93;
6 Mass. R. 371; 1 Pick. R. 415; 5 Mass. R. 11; 13 Mass. R. 148; 2 N. H. Rep.
525; 9 Mass. 247; 8 Pick. 522; 8 Cowen, 390; Coop. Just. 582; Gow. on Partn.
185; 7 Vin. Abr. 367; Louis. Code, art. 2181 to 2194; Watts & S. 276; 9
Watts, 280; 10 S. R. 807; 4 Watts, 378; 1 Watts & Serg. 94; Toull. h.t.;
Domat, h.t.; Dalloz. Dict. h.t.; Merl. Rep. h.t.; Clef des Lois Romaines,
h.t.; Azo & Man. Inst. t. 11, c. 2, SS 4; Burge on Sur. B. 2, c. 5, p. 166.
|
| | podobné slovo | definícia |
innovation
(mass) | innovation
- zlepšenie, zlepšenie |
innovation
(encz) | innovation,inovace n: Zdeněk Brožinnovation,zlepšení Zdeněk Brož |
innovational
(encz) | innovational,inovační adj: Zdeněk Brožinnovational,novátorský adj: Zdeněk Brož |
innovations
(encz) | innovations,inovace pl. Zdeněk Brož |
renovation
(encz) | renovation,obnova n: Zdeněk Brožrenovation,renovace n: Zdeněk Brož |
Innovation
(gcide) | Innovation \In`no*va"tion\, n. [L. innovatio; cf. F.
innovation.]
1. The act of innovating; introduction of something new, in
customs, rites, commercial products, etc. --Dryden.
[1913 Webster]
2. A change effected by innovating; a change in customs;
something new, and contrary to established customs,
manners, or rites. --Bacon.
[1913 Webster]
The love of things ancient doth argue stayedness,
but levity and lack of experience maketh apt unto
innovations. --Hooker.
[1913 Webster]
3. (Bot.) A newly formed shoot, or the annually produced
addition to the stems of many mosses.
[1913 Webster] |
Innovationist
(gcide) | Innovationist \In`no*va"tion*ist\, n.
One who favors innovation.
[1913 Webster] |
Novation
(gcide) | Novation \No*va"tion\, n. [L. novatio; novus new: cf. F.
novation.]
1. Innovation. [Obs.]
[1913 Webster]
I shall easily grant that novations in religion are
a main cause of distempers in commonwealths. --Laud.
[1913 Webster]
2. (Law) A substitution of a new debt for an old one; also,
the remodeling of an old obligation; debt restructuring.
[1913 Webster +PJC] |
Renovation
(gcide) | Renovation \Ren`o**va"tion\ (-v?"sh?n), n. [L. renovatio: cf. F.
r['e]novation.]
The act or process of renovating; the state of being
renovated or renewed. --Thomson.
[1913 Webster]
There is something inexpressibly pleasing in the annual
renovation of the world. --Rabbler.
[1913 Webster] |
innovation
(wn) | innovation
n 1: a creation (a new device or process) resulting from study
and experimentation [syn: invention, innovation]
2: the creation of something in the mind [syn: invention,
innovation, excogitation, conception, design]
3: the act of starting something for the first time; introducing
something new; "she looked forward to her initiation as an
adult"; "the foundation of a new scientific society" [syn:
initiation, founding, foundation, institution,
origination, creation, innovation, introduction,
instauration] |
innovational
(wn) | innovational
adj 1: being or producing something like nothing done or
experienced or created before; "stylistically innovative
works"; "innovative members of the artistic community";
"a mind so innovational, so original" [syn: innovative,
innovational, groundbreaking] |
renovation
(wn) | renovation
n 1: the act of improving by renewing and restoring; "they are
pursuing a general program of renovation to the entire
property"; "a major overhal of the healthcare system was
proposed" [syn: renovation, redevelopment, overhaul]
2: the state of being restored to its former good condition;
"the inn was a renovation of a Colonial house" [syn:
renovation, restoration, refurbishment] |
information innovation
(foldoc) | Information Innovation
A group of companies with offices in Amsterdam and New York
which acts as an information filter for the web.
They analyse what happens in the Web community and organise
the Web's information so that it is accessible and efficient
to use.
Information Innovation provides:
"The Management Guide" - a guide for managers in the
information age. The Guide consists of 22 parts, each
concentrating on a particular technology or issue facing
managers. Topics range from Artificial Intelligence and
Telecommunications to Finance and Marketing. Each part
contains references to additional valuable information,
including CD ROMs, conferences, magazines, articles and
books.
"The Hypergraphic Matrix" - a "hypergraphic" matrix of 250
graphics discussing the interrelationships between technology,
change, business functions and specific industries.
"Dictionary" - the largest Internet dictionary on management
and technology.
"The Delphi Oracle" - a comprehensive guide to the latest
management ideas and issues. Over 500 articles and books have
been read, analysed, rated and catalogued.
"Management Software" - a guide to software which is useful to
managers. Both Web software, Internet software and commecial
products are included in this guide.
"The Web Word" - an information service about the Web. It
includes a regular newsletter and databases about Web
resources, news, interviews with Web personalities and, of
course, the most comprehensive guide to sites.
"Web Bibliography" - a guide to the latest Web information
printed. Over 150 articles, magazines, market research
reports and books are catalogued.
"The Power Launch Pad" - our own list of useful sites on the
Web. Also includes links to our own lists of special subjects
such as Finance, Telecommunications, Manufacturing, Technology
and so forth.
(http://euro.net/innovation/WelcomeHP.html). E-mail:
.
(1994-10-27)
|
INNOVATION
(bouvier) | INNOVATION, Scotch law. The exchange of one obligation for another, so that
the second shall come in the place of the first. Bell's Scotch Law Dict. h.
t. The same as Novation. (q. v.)
|
NOVATION
(bouvier) | NOVATION, civil law. 1. Novation is a substitution of a new for an old debt.
The old debt is extinguished by the new one contracted in its stead; a
novation may be made in three different ways, which form three distinct
kinds of novations.
2. The first takes place, without the intervention of any new person,
where a debtor contracts a new engagement with his creditor, in
consideration of being liberated from the former. This kind has no
appropriate name, and is called a novation generally.
3. The second is that which takes place by the intervention of a new
debtor, where another person becomes a debtor instead of a former debtor,
and is accepted by the creditor, who thereupon discharges the first debtor.
The person thus rendering himself debtor for another, who is in consequence
discharged, is called expromissor; and this kind of novation is caned
expromissio.
4. The third kind of novation takes place by the intervention of a new
creditor where a debtor, for the purpose of being discharged from his
original creditor, by order of that creditor, contracts some obligation in
favor of a new creditor. There is also a particular kind of novation called
a delegation. Poth. Obl. pt. 3, c. 2, art. 1. See Delegation.
5.-2. It is a settled principle of the common law, that a mere
agreement to substitute any other thing in lieu of the original obligation
is void, unless actually carried into execution and accepted as
satisfaction. No action can be maintained upon the new agreement, nor can
the agreement be pleaded as a bar to the original demand. See Accord. But
where an agreement is entered into by deed, that deed gives, in itself, a
substantive cause of action, and the giving such deed may be sufficient
accord and satisfaction for a simple contract debt. 1 Burr. 9; Co. Litt.
212, b.
6. The general rule seems to be that if one indebted to another by
simple contract, give his creditor a promissory note, drawn by himself, for
the same sum, without any new consideration, the new note shall not be
deemed a satisfaction of the original debt, unless so intended and accepted
by the creditor. 15 Serg. & Rawle, 162; 1 Hill's N. Y. R. 516; 2 Wash. C. C.
Rep. 191; 1 Wash. C. C. R. 156, 321; 2 John. Cas. 438; Pet. C. C. Rep. 266;
2 Wash. C. C. R. 24, 512; 3 Wash. C. C. R. 396: Addis. 39; 5 Day, 511; 15
John. 224; 1 Cowen, 711; see 8 Greenl. 298; 2 Greenl. 121; 4 Mason, 343; 9
Watts, 273; 10 Pet. 532; 6 Watts & Serg. 165, 168. But if he transfer the
note he cannot sue on the original contract as long as the note is out of
his possession. 1 Peters' R. 267. See generally Discharge; 4 Mass.. Rep. 93;
6 Mass. R. 371; 1 Pick. R. 415; 5 Mass. R. 11; 13 Mass. R. 148; 2 N. H. Rep.
525; 9 Mass. 247; 8 Pick. 522; 8 Cowen, 390; Coop. Just. 582; Gow. on Partn.
185; 7 Vin. Abr. 367; Louis. Code, art. 2181 to 2194; Watts & S. 276; 9
Watts, 280; 10 S. R. 807; 4 Watts, 378; 1 Watts & Serg. 94; Toull. h.t.;
Domat, h.t.; Dalloz. Dict. h.t.; Merl. Rep. h.t.; Clef des Lois Romaines,
h.t.; Azo & Man. Inst. t. 11, c. 2, SS 4; Burge on Sur. B. 2, c. 5, p. 166.
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