商法 英文版 Contract Law5(discharge)课件.pptVIP

Contract Law 5.1Modification and Assignment of contracts 5.1.1 Modification of contracts The content of contract may be modified. The pattern of modification: Through consultation According to the provisions Validness :part of contracts special term performed and unperformed 5.1.2 Assignment of contracts Assignment of rights General principles: Wholly or in part to the third party . But: (1) The rights under the contract may not be assigned according to the nature of the contract; (2) The rights under the contract may not be assigned according to the agreement between the parties; (3) The rights under the contract may not be assigned according to the law. Regulations about assignment of rights Article 80 : An obligee assigning its rights shall notify the obligor. Without notifying the obligor, the assignment shall not become effective to the obligor. The notice of assignment of rights may not be revoked, unless the assignee agrees thereupon. Article 81: If the obligee assigns its rights, the assignee shall acquire the collateral rights relating to the principal rights, except that the collateral rights are personal to the obligee. Assignment of obligations General principles: can not be assigned to the third party unless obtain consent from the obligee first. Regulations about assignment of obligations : Article 85: If an obligor assigns his obligations to a third party, the new obligor may claim the demur belonging to the original obligor in respect of the obligee. Article 86: If the obligor assigns its obligations to a third party, the new obligor shall assume the collateral obligations relating to the principal obligations, except that the obligations are personal to the original obligor. Assignment of rights and obligations? Article 90: If one party to a contract is merged after the contract is concluded, the legal person or other organizatio