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Assignment Clauses

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Chapter Summary

The assignment clauses in international commercial contracts tend to be standardized, to a certain extent, since their contents and wordings are often very similar from one contract to another. This chapter presents some terminological indications of the assignment clauses. It deals with general problems of the law of obligations regarding assignments. Legal techniques such as subrogation, delegation and novation or legal problems having features akin to assignment were equally excluded from extensive and express review, albeit that their relation with assignment clauses are briefly discussed. The assignment clause has a double function: it characterizes the contract as intuitu personae, and it regulates assignment as to its requirements, procedures and effects. The chapter primarily discusses the second function. It also discusses the various clauses in which the contracting parties have regulated assignments. The chapter concludes with suggestions that certainly open perspectives for increased sophistication of assignment clauses in international commercial contracts.

Keywords: assignment clauses; international commercial contracts



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