SIMILARITIES AND DIFFERENCES BETWEEN THE ASSIGNMENT OF CONTRACT AND OTHER METHODS TO TRANSFER OBLIGATIONS
SIMILARITIES AND DIFFERENCES BETWEEN THE ASSIGNMENT OF CONTRACT AND OTHER METHODS TO TRANSFER OBLIGATIONS

Summary/Abstract: The legal provision for means to transfer obligations if found within the 4th Title of the 5th Book which bears the name of “Transfer and transformation of obligations” and is divided in four chapters dedicated to the assignment of claim, subrogation, debt assumption and novation, these being at the present time the means to transfer and transform obligations. Therefore, the 2011 Civil code has ignored the delegation but, for the first time in our national law, has regulated the assumption of debt. Aside these legal means, we consider that the assignment of contract may be added, a new judicial figure within the Romanian law. Appealing to a comparison method, we will try to present the similarities and differences that exist between the assignment of contract and the other means to transfer obligations, in order to give a larger picture upon the obligational dynamic, as it appears in the Romanian Civil code.

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