If the treaty is silent on this subject, it is better to obtain the agreement of the existing parties before the transfer and introduction of a new party. An assignment terminates the participation of a party in the contract and transfers all contractual rights, benefits and interests to a new party. 2 The transfer of the ceding position to the purchaser requires an agreement between them. Since the transfer results in the remaining portion of the contract being confronted with a new party with whom it has not entered into the contract, such a transfer must also be subject to the approval of that party. This consent can be given by that party in advance or, for example. B, by means of a trilateral agreement, as long as the transfer is made by agreement between the seller and the purchaser. c) The other party may unload the assignor or retain the assignor as a debtor if the purchaser does not have correct results. Otherwise, the ceding and the ceding are jointly responsible. 3 When the transfer comes into effect because all three parties have approved it, the assignor assumes the ceding`s contractual position, i.e.
is bound by the cedant`s obligations and becomes a creditor of the ceding`s contractual claims. As a general rule, a contract contains provisions relating to the assignment. The contract can: b) the transfer of a contract is subject to the agreement of the other party. This consent may be given in advance or by the taker and ceding it at the time of the transfer. If the other party has agreed in advance, the transfer of the contract comes into effect if the other party provides a transfer notification or if the other party recognizes it. 1 The autonomy of the party allows the contracting parties to transfer to another person any claim arising from this contract. It also allows the transfer of the full position of a contracting party to another person who was not yet a party to this treaty. In essence, this transfer is a combination of the transfer of all rights and the transfer of all obligations from the assignee to the new party. However, in practice, the assignee will generally assign or delegate his contractual obligations to the assignee.