حوالة العقد: "دراسة مقارنة"

Abstract EN

The assignment of contract so important that it results in the assignment of the contractual status with its obligations and rights viewed as an indivisible unit.

The term "Assignment of Contract" is deemed to be newly originated and it has entered recently into the legal framework.

The Egyptian legislater hasn't addressed this term even through there are many judicial applications in connection with the assignment of the contract that has imposed itself nowadays as a legal concept getting away from the regimes of the assignment of right and the assignment of debt.

The assignment of contract differs from the novation of contract, delegation and stipulation in the interests of third party.

Besides, the assignment of contract has respect for the principles of the contract law.

The assignment of contract consists of general elements that agree with the other contracts in addition to a special clause that is the inexistence of an impediment of assignment.

In brief, the assignment of contract is deemed to be a three person process whose role is to transfer the contractual staus the assignor has and to assign it to the assignee.

It makes the obligation produce its effects vis a vis three persons.