Although a novation looks like a task, it is fundamentally different from a task. While an innovation transmits the benefits and responsibility of the original contract to a new party, a transfer continues only to the new owner and all obligations of the contract remain within the purview of the original contractor. The transaction may relate to the sale of a business in which the buyer takes over the seller`s assets (loans to other parties) or when he takes into account the debts. The only way to transfer your rights or obligations is through an agreement signed by all three parties. But what if you are a service provider (z.B. an ISP) that sells your business with 10,000 customers? It is difficult to get one of them to register for one of them for one`s own innovation. In practice, a well-written initial agreement will contain a provision allowing the ISP to transfer (transfer) its contract without the client`s consent. But what if it doesn`t happen? If there are no additional advances in the loan, a transfer declaration should be used in place of a novation statement (see below on the right). A transfer transfer transfers the lender`s rights under the original agreement to third parties (the main right is the right to repay). However, an assignment cannot delegate any of the lender`s obligations and is therefore not likely to enter into a financing agreement if further advances are to be made. These are effective sales or assignment contracts in which certain rights are retained by the seller (for example.
B for the purchase of assigned work or for the use of the plant in specific locations). The innovation file only works if there is only one lender and one borrower under the original agreement. The loan itself must be unsecured and unsecured. To continue with our example, instead of the money you owe, Monica may agree to accept a coin from Sally`s original work that is worth approximately $200. The transfer of ownership constitutes a renewal and effectively exceeds the original cash commitment. For example: you borrow from a lender and want to transfer the debts later to someone else (perhaps a friend, business partner or buyer of your business) so that they can repay the lender instead of you. In this situation, you should use an agreement that novats the debt. The original lender should comply with its confidentiality obligations with respect to the borrower. It cannot market the asset (i.e. the loan) to potential buyers, as this would be contrary to its obligation of confidentiality. However, the new lender wants to know about the borrower, including the identity of the borrower and the terms of the loan agreement. The original lender must ensure that the borrower agrees to make such disclosure to potential new lenders.