CC 1883 - No effect when obligation is invalid
Art. 1883. No effect when obligation is invalid
Novation has no effect when the obligation it purports to extinguish does not exist or is absolutely null.
If the obligation is only relatively null, the novation is valid, provided the obligor of the new one knew of the defect of the extinguished obligation.
Acts 1984, No. 331, §1, eff. Jan. 1, 1985.