DefineLaw

What is novation?

Novation replaces a party or obligation in a contract with a new one, releasing the old one.

Why it matters

It cleanly swaps a party without leaving the original on the hook.

Common confusion

Novation replaces a party; assignment only transfers rights, not duties.

DefineLaw editors — plain-English definitions for general reference; not a substitute for advice from a licensed attorney.

Frequently Asked Questions

Does everyone have to agree?

Yes — all affected parties must consent to the novation.

Is novation the same as assignment?

No — assignment moves rights; novation swaps a party and releases the old one.

Example?

A buyer’s lender pays off the seller’s loan and substitutes itself.

Related contract terms