Institution of the contract transfer in the light of model law acts

Abstract

The transfer of a contract is a legal structure that allows you to transfer to the third party the rights and obligations of one of the existing parties to the contract. Nowadays, only a few European legal orders have decided to regulate this institution explicitly. In other cases, the admissibility of performing this activity is derived from the principle of freedom of contract. The problem of the widespread functioning of this structure in the absence of relevant standards has been noticed by the creators of numerous model law projects, the PECL Principles, Draft Common Frame of Reference and UNIDROIT Principles. Each of these soft law acts contained at least a rudimentary regulation of the transfer of contract, which was clearly separated from the structure of debt assumption and assignment of debt.