التنازل عن العقد: مفهومه وطبيعته القانونية

الملخص EN

The assignment of the contract is a legal act enabling the assignee to replace the assignor who replaces him in his rights and obligations arising from the contract towards the assigned, it allows the contract to survive the change of one of its parties.

recently, some authors and even some legislations have begun to take an interest in this theory more and more given its importance in several areas, particularly in the life of the company which is based on the contract which is the element principal of its existence, for example, the employment contract, the supply contract, the insurance contract, the lease contract, the credit contract and others.

nevertheless, this theory arouses wide controversy within the doctrine, particularly with the rejection of some and its assimilation to an assignment of a debt, added to an assumption of a debt for others and its consideration as an autonomous unitary act for others.