Abstract

In concluding a contract, the thing being concluded and assigned is a contract which is a credit existence considered as object of assignment. However in assigning liabilities and debts, the thing being assigned is a debt, which is called debt for the debtor and right for the creditor, whether this liability or debt is due to a contract or due to a crime or civil liability and tortious liability. In novation, what is important is fall of the previous obligation and establishment of the new one. Hence in novation you cannot only rely on assigning obligation with the previous status, since the previous obligation does not remain anymore. This is while making an contract has this advantage that without any necessity to fall of the previous obligation, position of the obligor and obligee can be replaced. Each contract, from viewpoint of each of the parties to the contract, bears two parts including rights and obligations. According to the aforementioned issues, rights and obligations can be assigned separately. Now, when one party to the contract assigns both rights and obligations caused by a contract in a legal action, actually an assignment of contract has occurred. In other words, assignment of contract is total assignment of rights and assignment of obligations. Therefore, in comparing these subjects, assignment of contract is general and the other two are specific.

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