What Is The Meaning Of Discharge By New Agreement
Due to the existence of a contract, a new contract is replaced either between the same parties or between different parties, the consideration being the discharge of the old contract. One of the most common cases in partnership cases is that those who continue to operate and commit to each other and the outgoing partner to take over and assume all of the company`s debts normally take over the assets, and when they terminate their agreement with a creditor and apply for membership, it becomes a contract between the creditor who comes into play. , and the new company to the person concerned that he accepts responsibility instead of the old responsibility and, secondly, that they promise to pay him for this consideration, so Novation is of two types, namely: 16. The obligation to sue the principal obliged at the request of the guarantee will compensate him. The concept of amendment applies when all parties to the contractual agreement agree to amend one or more conditions. It results in a new contract, but with the same parties with the assumption that all parties will receive different benefits from the new contract. The violation is described as a method of discharge, although it may not automatically unload the contract. The breach of contract entails two main legal means, namely the breach of contract and the breach of the guarantee. This type of discharge occurs when a party does not meet its obligations or when its performance does not comply with the mark.
A breach is not the end of the undertaking, since the victim has the power to decide whether or not to terminate the contract. If there is no instrument that can be considered an obligation, it is very difficult to prove the performance of an act, because the obligation itself cannot be performed physically. But the handing over or deletion of evidence documents can also prevent proof of commitment or obtain evidence of a reciprocal recession in these latter cases. In requesting such a discharge, the defendant must argue exactly the same things that a plaintiff who complains of a contract must assert, except that he must prove an infringement. The defendant has no recourse and is therefore not obliged to prove the existence of an ancillary obligation.