In general, a person who is not a party to a contract cannot take legal action to enforce its terms. The exception is, if the person is an intended beneficiary, either a beneficiary creditor or a beneficiary beneficiary. These third parties may enforce the contract concluded by other parties, but only benefit from the rights provided for in the contract and the beneficiaries are subject to deposits that could be collected against their benefactor. A debtor who delegates an obligation (and becomes a delegate) does not escape responsibility for the performance of the obligation itself. The taxable person may continue to request performance by the debtor, unless the original contract expressly provides for replacement by delegation. This is a big difference between the transfer of contractual rights and the transfer of contractual obligations: in the first case, the assignee is discharged (without violation of the guarantees of the pension beneficiary); in the latter case, the Delegator remains responsible. In many cases, the debtor (again the debtor to whom the performance obligation is incurred) may also apply to the delegate, since the taxable person becomes an intended beneficiary of the contract between the debtor and the delegate, as explained in point 14.3 `third party beneficiaries`. It goes without saying that the obligated party may then accept the delegate and relieve the debtor of any other responsibility in the performance of the obligation. A contract between three people with this effect is called NovationA new contract replacing an old or new part that replaces an earlier part. This is a new contract.
Fred sells his house to Lisa, who takes out her mortgage. In other words, Fred delegated the duty to pay the bank to Lisa. If Lisa is late, Fred will continue to respond to the bank unless, in the original mortgage agreement, there is a provision expressly authorizing the replacement of a buyer without recourse to Fred, or the bank subsequently accepts Lisa and exonerates Fred. This assignment is granted free of charge. The author cannot claim any compensation from the CNRS. Licensing is an agreement in which a party leases the rights to use a property (for example. B intellectual property) by another party. For example, a company holding a patent may license another company to manufacture products using that patent. In addition, the assignment of a contract with respect to transactions governed by the Single Commercial Code is generally a delegation of the fulfillment of the assignor`s obligations and its acceptance by the assignee constitutes a promise on its part to perform those obligations. . . .