The Scope of the Assignment of Contract

Abstract

This paper seeks to analyze the scope of the assignment of contract, fixed since the beginning of art.1315 Civil Code, according to which the contract substitution can occur in contracts where benefits have not been fully executed.

As a rule, the assignment of contract is applicable to the contracts of successive performance, but the view was expressed that included within the scope of the assignment the contracts with immediate execution, whose effects have not been fully depleted, this opinion being supported by recent reports in the Italian law.

Although the Romanian Civil Code does not contain provisions on the transmission of unilateral and bilateral contracts, the rule is that typical assignment is considered a bilateral contract, without excluding the possibility that atypical transfers may be considered unilateral contracts, although this situation is hard to imagine, given mainly because the underlying conclusion of such contracts.

An entire legal dispute was created upon the situation of intuitu personae contracts, the authors who have treated the subject claiming that these types of contracts can be transferred by the mechanism of the assignment of contract when it is an "objective intuitu personae".