IV. Novation of Obligations Giving a Bonae Fidei Iudicium

The following remarks are intended to draw attention to a current misconception about a function of novation. In the course of clearing up that matter, some neglected aspects of the mechanism of novation will be investigated ; and a few observations about stipulatio Aquiliana will be appended. I t may be noted that the term 'novation' will here normally be used as designating novation proper, i. e. by stipulation, and not any of the related devices such as transscriptio, constitutum and so on.