1100. Novation is effected:
1. When the debtor contracts toward his or her creditor a new debt which is substituted for a prior one, and the latter is extinguished;
2. When a debtor is substituted for one who is discharged by the creditor;
3. When by the effect of a new contract, a new creditor is substituted for one toward whom the debtor is discharged.
1101. Novation can be effected only between persons capable of contracting.
1102. Novation is not presumed. The intention to effect it must be evident.
1103. Novation by the substitution of a new debtor may be effected without the concurrence of the former one.
1104. The delegation by which the debtor gives to his or her creditor a new debtor does not effect novation, unless it is evident that the creditor intends to discharge the debtor who makes the delegation.
1105. The simple indication by the debtor of a person who is to pay in his place, or the simple indication by the creditor of a person who is to receive in his or her place, or the transfer of a debt with or without the acceptance of the debtor, does not effect novation.
1106. A creditor who has discharged his or her debtor by whom delegation has been made, has no remedy, unless it be specially reserved, against such debtor, if the person delegated become insolvent.
1107. The privileges and hypothecs which attach to a prior debt do not pass to the one which is substituted for it, unless the creditor has made express reservation.
1108. When novation is effected by the substitution of a new debtor, the original privileges and hypothecs cannot be transferred to the property of the new debtor, nor can they, without the concurrence of the former debtor, be reserved upon the property of the latter.
1109. When novation is effected between the creditor and one of joint and several debtors, the privilege which attaches to the prior debt is reserved only with respect to the property of the co-debtor who contracts the new debt.
1110. Joint and several debtors are discharged by novation effected between the creditor and one of the co-debtors.
Novation effected with respect to the principal debtor discharges his or her sureties.
Nevertheless, if the creditor have stipulated in the first case, for the consent of the co-debtors, and in the second, for that of the sureties, the prior debt subsists if the co-debtors or the sureties refuse consent.
1111. The debtor consenting to be delegated cannot use against his or her new creditor the exceptions which he or she might have set up against the delegator, although at the time of the delegation he or she were ignorant of such exceptions.
The foregoing rule does not apply if at the time of the delegation nothing be due to the new creditor, and is without prejudice to the recourse of the delegated against the delegator.