The Refusal of the Assigned to Consent to the Substitution of the Assignor in the Contract Assignment
The Refusal of the Assigned to Consent to the Substitution of the Assignor in the Contract Assignment

Summary/Abstract: The new Romanian Civil Code assumed from the Italian Civil Code the requirement that the assigned party would have to consent in order for the assignor to be able to substitute within the contractual relations a third party, called assignee, third party that would assume the contract in its integrality, namely both the active side as the passive side. The consent of the assigned becomes thus an essential condition in order to have an operational assignment of contract. But what will happen if the assigned refuses to consent to the assignor? The hereby paper is trying to present the judicial nature of the right of the assigned to refuse a new contractual partner and thus also to refuse a transfer of contract from the assignor to the assignee.

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