Assignment Rights Contract Without Consent
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FAQ
The burden of a contract can never be assigned without the consent of the other party to the contract in which event such consent will give rise to a novation."
An assignment of contract occurs when one party to an existing contract (the "assignor") hands off the contract's obligations and benefits to another party (the "assignee"). Ideally, the assignor wants the assignee to step into his shoes and assume all of his contractual obligations and rights.
What is a No Assignment Clause? That no assignment clause says that neither party can transfer or assign this agreement without the written consent of the other party.
A contracting party at common law has a general right to assign its rights without any necessary consent or approval from the other party. An assignment, novation and other dealings boilerplate provision is included in a contract to exclude or limit this common law right.
While novation requires the consent of all parties, assignment needs no consent from other non-assigning parties. However, in the case of assignment, the consent of the non-assigning party may be required by a contractual provision.
