A right arising from a contract is like any other right. The person bearing the right in the contract can transfer it to another. Transferring a right is called an assignment. This poses the question whether the transfer is of the future rights or also includes the rights which have already accrued. For understandable reasons, obligations of a contract cannot be assigned. For transferring both, the rights and obligations of a contract, a novation has to be done. The general condition of contracts (GCCs) has clauses on assignment. The chapter explores the scope and application of assignment clauses.

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Assignment

  • Akhileshwar Pathak

摘要

A right arising from a contract is like any other right. The person bearing the right in the contract can transfer it to another. Transferring a right is called an assignment. This poses the question whether the transfer is of the future rights or also includes the rights which have already accrued. For understandable reasons, obligations of a contract cannot be assigned. For transferring both, the rights and obligations of a contract, a novation has to be done. The general condition of contracts (GCCs) has clauses on assignment. The chapter explores the scope and application of assignment clauses.