Contract of Assignment in the Current Regulation of Romanian Civil Code

摘要

The current Romanian Civil Code, inspired by the Italian Civil Code and the UNIDROIT Principles governing, the novelty in the national legislation, institution of the contract of assignment The material is based on 1315-1320 in the Fifth Book, About the obligations ", of title II, Sources of obligations" of chapter I, "The Contract", 8th Section, The assignment contract". This rule is general and applicable to the conventional assignment contracts only and not to the legal ones, being distinct and having special character to that of the constituent elements of the legal transfer of obligations, namely the assignment of debt which has its premises in (art. 1566-1592) and the uptake of assignment of debt referred to in (art. 1599-1608), Chapter VI "the transmission and transformation of obligations", of title II of Book V of the civil code. At the same time, the current Romanian civil Code governs the distinct and diverse legal contract transfers occur, for example, in terms of lease (1811-1813), pre-emptive (1733), insurance of goods (art.2220) etc. Concluding, the assignment of the contract, as is regulated by the civil code, appears as a legal institution, sui generis, distinct both from its constituent operations (assignment of receivables and debt collection) and the so-called legal disposals and consists of full substitution of one of the original parties of a contract with the consent of the other party (from the initial Convention that retains its contractual position) in a situation in which up to that point the contract was not executed in its entirety. As it is governed by the civil code, assignment of contract is a legal institution, sui generis, distinct from mentioned transactions (assignment of receivables and debt assumption) that compose it and the so-called legal disposals and consists of full substitution of one of the original parties of a contract with the consent of the other party.