Contract assignment - theoretical aspects

Author:Bogdan Nazat
Position:Assistant Professor, PhD, Faculty of Law, 'Nicolae Titulescu' University of Bucharest (e-mail: bogdan.nazat@gmail.com).
Pages:74-84
LESIJ NO. XXIII, VOL. 2/2016
CONTRACT ASSIGNMENT THEORETICAL ASPECTS
Bogdan NAZAT
Abstract
This project aims to stud y in detail th e theoretical aspects concerning the contract assignment,
as provided by the relevant regulation, a nd the doctrine corresponding to old and cur rent regulations.
In this respect, this project aims to give the reader a comprehensive look on the institution in question,
the regulation offered by the curr ent Civil Code is reviewed taking into account the national and
internationa l doctrine.
Keywords: a ssignment, contra ct, Civil Code, Assignor, Assignee, Contracting P arty, Assigned
party.
1. Introduction
1
.
The concept of contr act assignment
has been first regulated by entry into force of
the current Ci vil Code, and appears as an
operation whereby a Contracting Party shall
transfer to another person its rights and
obligations earned and assumed,
respectively, according to a contract.
In other words, the contract
assignment may be deemed to constitute a
legal operation by which it is transferred the
contractual position the Assignor holds in
the contract.
Assistant Professor, PhD, Faculty of Law, ”Nicolaeă Titulescu”ă Universityă ofă Bucharestă (e-mail:
bogdan.nazat@gmail.com).
1
For details concerning the evolution and opinions on contract assisgnment, please see L. POP, I.-F. POPA, S.
I. VIDU, Basic principles of civil law. Obligations according to Civil Code, Universul Juridic, 2012, Bucharest,
page 670 et seq.; I. F. POPA, Contract assignment according to New Civil Code , Revista Romana de Drept al
Afacerilor nr. 2/2003, page 83 et. seq.; A.-I. DANILA, Contract assignment, Hamangiu Printing House, Bucharest,
2010, page 2 et seq.
2
P. MALAURIE, L. AYNES, P. STOFFEL-MUNCK, Civil Law. Obligation, Third edition translation from
French, Wolters Kluwer Printing House, Bucharest, 2010, page 501.
3
Ităisămentionedăthată„contractăassignmentăensuresătheăcontractăsurvivalăevenăifăoneăofătheăpartiesăisăreplaced.ăIfă
the party is no longer able or no longer wishes to perform a contract, then the contract should be terminated. Its
assignment makes it possible the performance with a different partner (a third party) who becomes party of the
contract; that is especially useful when the contract is a contractor instrument or the legal support of an wealth that
Given that, although not expressly
regulated before 2011, the doctrine
corresponding to former regulations was not
uniform regarding the co ncept of contract
assignment.
Thus, the authors who would admit the
existence of contract assignment have never
approached in a uniform manner the
mechanism of this concept, a number of
definitions being also issued in this respect.
Thus, according to an opinion, contract
assignmentă consistsă ofă „replacementă ofă aă
contracting party by a third party during the
performanceă ofă aă contract”
2
, emphasizing
the financial dimension of the relationship
between parties, and allowing contr act
survival even if one party is replaced
3
.

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