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When it matters to the obligor who receives the benefit of his duty to perform under the contract, then the receipt of the benefit is a personal right. that cannot be assigned.
The assignor may assign any right unless (1) doing so would materially change the obligation of the obligor, materially burden him, increase his risk, or otherwise diminish the value to him of the original contract; (2) statute or public policy forbids the assignment; or (3) the contract itself precludes assignment.
Assignment of contract involves one party transferring the rights of a real estate purchase agreement to another party. This real estate investing strategy can involve time and financial pressure, but the assignor can potentially make a quick buck.
However, certain contracts cannot be assigned, for example, contracts with personal rights, such as an agreement between an author and a publisher or a sportsperson and their agent. You must obtain consent from all parties to the original contract and the third party agreeing if you want to novate a contract.
In certain cases, contracts can't be assigned. A clause in the contract prohibits assignment. This is usually called an anti-assignment clause. Assignments can't take place if they materially alter what's expected under the contract.
Contracts for the provision of personal services are generally not assignable. These contracts cannot be assigned because they could materially alter the risk or duty of the obligor.
Usually, contractual provisions that restrict assignment of the contract without the consent of the obligor are valid and enforceable, even when there is statutory authorization for the assignment. The restriction of the power to assign is often ineffective unless the restriction is expressly and precisely stated.
Most futures contracts are not assignable. A buyer of an assigned contract can take a loss by paying an above-market price for the asset.