Transfer Of Obligation Agreement
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. (a) Contracting parties may agree to transfer the rights and obligations of the transferor under the contract with the person who remains a party to this contract (“the other party”) to another person (the “ceding” person); 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. 4 The remaining part of the contract is protected in the event of a transfer. He may decide to completely lighten the burden on the ceding. It will only accept such a complete and definitive transmission if it is sure that the agent is as reliable and solvent as the assignee. The remaining party may also decide to retain the assignee as a subsidiary if the purchaser does not act. The remaining part may also choose to make the seller jointly liable with the purchaser.
In the latter case, the other party may assert its rights either against the ceding party or against the purchaser. If the other party receives the transferor`s benefit, the transferor would be entitled to the purchaser`s refund. 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. 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. 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.