Page:The Civil code of Japan (IA cu31924069576704).pdf/155

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element of an obligation is changed, such obligation is extinguished by novation.

It is deemed a change of a material element, if a conditional obligation is made unconditional, if a condition is added to an unconditional obligation, or if a condition is changed. The same is the case, if a bill of exchange is issued instead of performance.

514.

A novation by a change of the debtor may be accomplished by a contract between the creditor and the new debtor, but not against the will of the original debtor.

515.

A novation by a change of the creditor can be set up against a third person only if made in a document having an authenticated date.

516.

The provisions of Art. 468, 1 apply correspondingly to a novation by a change of the creditor.

517.

If the obligation arising from the novation, because of an illegality in its ground or because of some reason which was unknown to the parties, does not definitely come into existence or is rescinded, the original obligation is not extinguished.

518.

The parties to a novation may, to the extent of the subject of the original obligation, transfer a right of

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