Assignment: Difference between revisions

473 bytes added ,  27 November 2020
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'''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]]”.
'''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]]”.
 
===General bar against assignment===
It is quite common to see the broker and service provider contracts refusing to let people assign their rights, at least without consent. It isn’t clear why anyone should be so exercises about it — it isn’t generally done under an {{isdama}}, so, dear fellow, if you are worried about your counterparties mendaciously assigning away their rights against you, you are already well-and-truly long this risk.
{{assignment and set off}}
{{assignment and set off}}
 
===Subrogation rights?===
'''What about [[subrogation]] rights under a [[guarantee]]?'''
'''What about [[subrogation]] rights under a [[guarantee]]?'''
{{subrogation setoff}}
{{subrogation setoff}}