CONTRACT ASSIGNMENT
CONTRACT ASSIGNMENT

Summary/Abstract: Inspired by the Italian Civil Code, the principles of UNIDROIT as well as the Lando and Gandolfi projects, the civil code regulates with novelty the assignment of contract. This is regulated as a (technical) legal operation and not as a distinct civil institution, alongside the assignment of debt and the assignment of debt. It is considered that through such a regulation, the Civil Code is part of the current normative trends claimed by the modern dynamics of economic relations in which a party wants to transfer to another person all of its rights and obligations arising from another contract. The reason for this legal operation is the maintenance of the original contract whose effects are not cancelled in the event of withdrawal of one of the original contracting parties. We can consider that, in this way, an „objectification of the contact perception” is produced, which is no longer regarded as just an agreement of wills, but as an authentic legal entity capable of detaching itself from the original contractors.

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