Contractsoverdracht.

Within our commercialised market society, contractual relationships are objectified and valued in monetary terms. This raises the question of the transferability of contracts.Transfer of contract implies a substitution of one the existing contractual parties. It intends the transfer of the entire contractual position of the transferor to a third party, as a result of which the latter would fully replace the transferor, who is completely discharged from the contractual relationship. An important advantage is that the transfer of contract upholds the identity of the contractual relationship and thus maintains that relationship with all its securities and defences. The term of the contract and any prescription which has commenced, will continue to run and the contract will in principle be governed by the law as applied at the time of its conclusion.In Belgian and French law a general theory of transfer of contract is lacking. Not only the possibility of a full substitution of a contractual party, but also the requirements for the conclusion of the transfer of contract and its consequences are highly debated. Moreover, the distinction between a transfer of contract and a transfer of contractual rights/debts is unclear. The research therefore envisages to develop a general legal regime for the transfer of contract ut singuli. The first part of the research is a conceptual analysis of the possibility of a transfer of contract. It focuses on the concept of contractual relationship / contractual position as distinct from the concept of contractual right or contractual debt / obligation . Subsequently, the transfer of contract is considered as a (subjective) modification of the contractual relationship. The second part of the research discusses the conclusion of the transfer of contract and more specifically the consent requirement and clarifies the different consequences of a transfer of contract such as the discharge of the transferor.status: publishe