Cap. 16 Art. 1181, No novation unless former obligation is extinguished.

(1) Novation shall not take place if the former obligation is not extinguished, although it is modified.

(2) The mere indication made by a debtor of a person who is to pay in his stead shall not operate as novation.

(3) Nor shall the mere indication made by a creditor of a person who is to receive in his behalf operate as novation.