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

.