Cesiunea de contract
Assignment of the contract

Summary/Abstract: The assignment of the contract appears as a tripartite or bilateral operation which is carried out either for a fee, or free of charge, and consists in the replacement of one of the parties to a contract, by the assignment by one of the parties of the contract who thus becomes assignor (cedens) to a third party assignee (substituiens) of the quality of a party to that contract, third party who thus enters as a party to the contract with the remaining party, respectively the assigned (cessus). The assignment of the contract resides in a private rule that contributes to the dynamisation of the civil legal relations, which is achieved by transferring the quality of the contractual party to a third party that thus replaces the relationship that arose previously, without however affecting the pre-existing conduct, initially established by the contracting parties. In this way, an assignment of the contractual position that a party has in that contract is carried out without, however, affecting the content of the contract. From the legal definition we distinguish the following characteristic elements: – the assignment of the contract implies a private transmission of the binding legal relationship between the living; – the assignment of the contract is a unique operation and does not generate a successive transmission of the obligation, neither in terms of the liabilities, nor of the assets. The essential condition is that the „services” have not been „yet fully executed”, from which it follows that they must be in the process of execution, so the obligations must not be extinguished; – in order to produce its legal effects, this act requires the consent of the party that maintains its contractual position. The legal nature of the assignment of the contract is typical of the legal act with translative effect of rights and obligations, respectively a translative convention, but also specific to a contract through which there is operated a substitution of persons, which ensures the continuity of the former contract, but with new parties, contract which must be regarded as a transferable patrimonial value. The assignment of the contract has as features: a translative character inter vivos, it is a unitary legal operation of conventional substitution of a contractor, and for its realization it is necessary to have the consent of the assigned contractor.

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