Уступка прав по договору простого товарищества: поиск оптимальной модели

Abstract

The article discusses the main peculiarities of assignment of rights under a simple partnership agreement. Due to the lack of direct regulation of the assignment of rights under a simple partnership agreement, a position has been formed in judicial practice, according to which the assignment of rights is possible only with the consent of all the partners. The author criticizes this position and finds arguments against it in German law, the history of legal regulation a simple partnership agreement in Russia and the current legislation. The analysis allows us to find the optimal model of assignment of rights under a simple partnership agreement.