by this process any kind of
obligation may be novated. Its terms, as settled by Gallus Aquilius,
are as follow: 'Whatever, and on whatsoever ground, you are or shall
be compellable to convey to or do for me, either now or on a future
specified day, and for whatsoever I have or shall have against you an
action personal or real, or any extraordinary remedy, and whatsoever of
mine you hold or possess naturally or civilly, or would possess, or now
fail to possess through some wilful fault of your own--as the value of
each and all of these claims Aulua Agerius stipulated for the payment
of such and such a sum, and payment was formally promised by Numerius
Negidius.' Then conversely, Numerius Negidius asked Aulus Agerius, 'hast
thou received the whole of what I have today engaged, by the Aquilian
stipulation, to pay thee?' to which Aulus Agerius replied 'I have it,
and account it received.'

3 Novation is another mode of extinguishing an obligation, and takes
place when you owe Seius a sum, and he stipulates for payment thereof
from Titius; for the intervention of a new person gives birth to a new
obligation, and the first obligation is transformed into the second, and
ceases to exist. Sometimes indeed the first stipulation is avoided by
novation even though the second is of no effect: for instance, if you
owe Titius a sum, and he stipulates for payment thereof from a pupil
without his guardian's authority, he loses his claim altogether, for
you, the original debtor, are discharged, and the second obligation is
unenforceable. The same does not hold if one stipulate from a slave; for
then the former debtor continues bound as fully as if one had stipulated
from no one. But when the original debtor is the promisor, a second
stipulation produces a novation only if it contains something new--if
a condition, for instance, or a term, or a surety be added, or taken
away--though, supposing the addition of a condition, we must be
understood to mean that a novation is produced only if the condition
is accomplished: if it fails, the prior obligation continues in force.
Among the older lawyers it was an established rule, that a novation was
effected only when it was with that intention that the parties entered
into the second obligation; but as this still left it doubtful when
the intention was present and when absent, various presumptions were
established as to the matter by different persons in different cases.
We therefore issued our c