Справочник Юнситрал
Справочник Юнситрал | Uncitral Guide

Transfer of contractual rights and obligations

(Правовое руководство по составлению строительных контрактов)

Образцы строительных контрактов

The transfer of contractual rights and obligations as considered in this chapter includes, firstly, the transfer of the contract in its entirety, whereby a new party is substituted for one of the original parties to the contract, as well as the transfer of certain specific rights and obligations under the contract (paragraphs 1 to 4).

The parties may find it advisable for the contract to permit a party to transfer the entire contract or specific contractual obligations only with the written consent of the non-transferring party (paragraphs 5 and 6). The parties^ may also wish to make, the transfer of contractual rights subject to the consent of or, alternatively, the absence of an objection by, the other party. An exception may be made for the transfer of certain contractual rights, for example, a transfer by the contractor of his right to receive payments from the purchaser (paragraph 7).

The contract may contain provisions which seek to safeguard the interests of the non-transferring party in the event of a transfer, such as a provision that a transfer by the contractor of his right to receive payments from the purchaser is subject to the same rights of set-off that the purchaser had under the works contract in respect of payments, to be made to the contractor. Also, when a transfer may be made only with the consent of the non-transferring party, the parties may wish to provide that, in making the transfer, the transferring party must conform to any conditions subject to which the consent is given. The contract may require the transferring party, to give written notification to the non-transferring party of the transfer (paragraphs 8 to 11).

It may be desirable for the contract to specify the consequences of a transfer in violation of the provisions of the contract (paragraph 12).

(Оглавление справочника)