For the most part, innovation and attribution are the two mechanisms for circumventing this restriction. Although the end result is the same, there are significant differences between these two mechanisms. If the Novation Act is executed during the execution of the sales contract and must be effective after the conclusion, what issues should be addressed in the period between these events? As you create a new contract, you need to be technically taken into account. Normally, a simple innovation agreement between all parties will be sufficient, but if in doubt, the parties can instead achieve innovation as an act, which waives the need for consideration. Unlike an order that is universally valid as long as the other party is terminated (unless the obligation is specific to the debtor, as in a personal service contract with a certain ballet dancer, or if the assignment would involve a new and particular burden for the counterparty), an innovation is valid only with the agreement of all parties to the original agreement. [4] A contract transferred through the innovation procedure transfers all obligations and obligations from the original debtor to the new debtor. If you want to transfer the burden of a contract and the benefits that come with it, you need to innovate. As with the assignment, Novation transfers the services under a contract, but unlike the transfer, the innovation also transfers the burden under a contract. It should ensure that the seller`s obligations to the operator gradually stop ensuring that the buyer`s rights and obligations to the trader begin to be completed, ensure that the seller is responsible for all amounts owed to the trader before completion (some deeds Novation provide that the innovation is effective only when all these amounts are paid) and ensure that the operator`s obligations to the seller stop once completed and that the rights and the operator`s obligations to the buyer take effect only after and after completion. Renewal is only possible with the agreement of the original parties and the new party. For this new contract, it is appropriate to take into account the “prices” paid for a fee by the new party in return for the contract submitted to it), unless the innovation is recorded in a document signed by the three parties.
We believe this should be done at the same time as the execution of the hotel purchase contract. If this is not the case, the parties to the sales contract run the risk that the operator may attempt to change the terms of the contract under the novation agreement which one or both parties deem unsatisfactory.