A novation agreement is a deal in which one party’s contractual duties have been transferred or substituted with another party. All the parties included in the agreement must approve of transferring responsibilities to a new one. For this, the parties need to have a legal consultant Dubai from Mai Alfalasi, on the best law firms in Dubai, to ensure 100% abidance to the law and regulations.
Upon the agreement from all the parties, a novation agreement has been created to which all the parties must put their signs, hence authenticating the value of a contract.
In some cases, it is also understood that a novation agreement is a document that is a new agreement for replacing the older one. While following the process for the novation agreement, the original parties from the agreement have to give up on some of the authorities and rights of their agreement to the new one. This is where cutting off on the rights of the previously made agreement has been made for the new one to go in place for the older one.
Hence, in the novation agreement, a third party can replace one of those parties after reading the contract rights. In addition, all the parties in the agreement must put their signature and agree to transfer the agreement of novation to the new party.
Following the initial parts of this agreement, a bank transfer is required for all the duties and rights of the previous parties to a new and third party. This may include mergers, sales reports, business sales processes, acquisitions details and information, and the in-depth details of the novation agreement. During this transfer, some parties will play important roles in elevating the game and bringing the situation to complete control. This includes the counterparty, transferor and also the transferee.
Understanding the Novation Agreement
Here are a few pointers that will help you understand novation agreement in detail;
- A novation agreement replaces the previously existing document concerning the rights and authorities of the previous parties. It includes and has been presented for the new party now in command or may have a fair share of play in the role.
- While developing a novation agreement, many parties agree to terminate or discard the previously existing contract and replace it with a new contract in place.
- A novation agreement has been made when a third party takes over the rights and role of an original party that existed before.
- A new third party assumes the original contract’s details, including the rights and duties.
- This leads to the transference of the rights and duties to a new party.
- However, a novation agreement certainly requires transferring the rights to the new party, and all the parties must agree and put their signature on it.
How Does Novation Work?
While the novation agreement is a document in which the chosen third party replaces the rights and authorities of the original owning party. All the rights have been transferred to the new third party that comes in through a novation agreement by the official agreement made by the original party.
So, a novation agreement is not the complete transference of property or a company but for a necessary situation where the original agreement becomes extremely difficult to apply and deal with. The duties of the original party remain in place, and only some assignments or tasks have to be managed by the newly authorized party coming into power. Hence, the new third party in power or place will now give the liabilities and advantages.
The Operation of Novation Agreement
Moving onto the next part, when a novation agreement comes into action, all the obligations and responsibilities have been removed from the parties initially engaged in the process. However, it is important to note that the new party will not be liable to hold the original party’s obligations that may arise from the contract.
In this case, if a scam happens or any damage occurs, the original parties will have to refund each other. However, the new third party in power will be responsible for paying any damage to the original party’s ownership or action.
Why Do You Need Professional Legal Assistance?
A Novation agreement is a legal document that replaces and transfers the duties or rights of the original parties onto a new one that is now in power and will take over. Considering that this will be mutual consent between the parties, acquiring services of professional legal advocates who will determine the contract and ensure that there isn’t anything missed which can be breached in the original contract.
The services of a professional lawyer will ensure that the new contract must be enforceable according to the law of the UAE and remain valid until the agreed period.
Furthermore, it is also important to note that there are risks of consequences in a novation agreement, i.e., from an increased likelihood of substitution of specified materials, the durability of the contracts remains in silver clouds sometimes. And for this, you will need a professional advocate who will look into all the matters and ensure the contract’s terms are in favour of all the parties.
UAE’s Judgement on Novation Agreement
According to the Court of Cassation, the parties will be investigated that are engaged in the novation agreement. During this investigation, an objective is used to determine the intents of the parties in this novation agreement. Having said this, here are some of the facts of the case;
- A defendant corporation will receive a claim from the bank in the UAE.
- The original parties or owners will have to protect the facilities further needed.
- According to Article 1078 of the Civil Transactions Law, the creditor can demand the debt from the obligor or provide security in their capacity.
- Another is that the assets that were in the favor of the security banks will be safely issued.
The Final Words
The bank did not absolve the guarantor of the loan of liability. The bank also filed an appeal with the Court of Cassation, arguing that the Court of Appeal misapplied the law. The Court of Cassation argued that the novation agreement had no bearing on the situation, which led to the opening of an action to recover from the deceased guarantor’s heirs his debt to the bank and his first appearance as a guarantee for the company.
What We Cover
- Corporate & Commercial
- Dispute Resolution
- Finance & Investment
- Insurance
- Arbitration
- Litigation
Mai Alfalasi
Advocates & Legal Consultancy
1203, Green Tower
Baniyas Street, Deira
Dubai, United Arab Emirates
Phone. +971 4 223 0666
Whatsapp. +971 50 208 9986
Email. info@maaflegal.ae
Office Hours
9.00am to 6.00pm (GST)
Monday to Friday