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Modification of Contracts and Assignment

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Chapter Summary

On the notion that the contract is a product of free and voluntary negotiations of the parties to carry out their business goals, the parties who are capable to make the contract are capable to modify the contract. Of course, like creation of the contract, the modification of the contract is subject to certain conditions or limitations. This chapter discusses details of the assignment and its requirements. Conceptually, assignment in Chinese contract law literature is a consensual transfer of obligee's contractual right, and the relationship so created between assignor and assignee is a contractual relationship. Under the Contract Law, the effect of assignment may involve two parts. The first part concerns the relation between the assignor and the assignee as a result of assignment, and the second part goes to the change between the assignor (obligee) and the obligor, and between the assignee and the obligor.

Keywords: Chinese contract law literature; contract assignment; contract modification



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