Assignment: Difference between revisions

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The act of unilaterally passing your rights, but not your obligations, to some other fellow.
{{g}}The act of unilaterally passing your [[right]]s, but not your [[obligation]]s, to some other fellow.


'''Rights''': As a matter of {{t|contract}} law, one can assign one’s rights without one’s [[counterparty]]’s consent (broadly speaking, why should she care?), unless your [[contract]] states that you cannot, in which case you cannot.
'''Rights''': As a matter of {{t|contract}} law, one ''can'' assign one’s rights without one’s [[counterparty]]’s consent (broadly speaking, why should she care?), unless your [[contract]] states that you cannot, in which case you cannot.


'''Obligations''': You cannot [[assign]] your obligations to anyone without the [[counterparty]]’s consent. This stands to reason, since another chap might not be as skillful, creditworthy or personally attractive as you. Therefore your [[counterparty]] must consent, and if he does, it is called a [[novation]].
'''Obligations''': One ''cannot'' unilaterally [[assign]] one’s obligations to anyone without one’s [[counterparty]]’s consent. This stands to reason, since another chap might not be as skillful, creditworthy or personally attractive as you. Therefore your [[counterparty]] must consent, and if {{sex|she}} does, it is called a [[novation]].


'''Does a right of assignment compromise a netting contract?''' If I have a contract predicated on my being able to [[net]] or [[set off]] transaction amounts I owe you against amounts you owe me, couldn’t your right to assign your rights against me to a third person prejudice the rights under my contract?  
'''Does a right of assignment compromise a [[Close-out netting|netting]] contract?''' If I have a contract predicated on my being able to [[net]] or [[set off]] transaction amounts I owe you against amounts you owe me, couldn’t your right to assign your rights against me to a third person prejudice the rights under my contract? In short, no.


'''What about [[subrogation]] rights under a [[guarantee]]?'''
'''What about [[subrogation]] rights under a [[guarantee]]?'''
{{subrogation setoff}}
{{subrogation setoff}}


{{Seealso}}
{{sa}}
*[[Assign by way of security]]
*[[Assignment by way of security]]
*[[Novation]]
*[[Novation]]
*[[Guarantee]]
*[[Guarantee]]
*[[Subrogation]]
*[[Subrogation]]