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Sometimes anti-assignment clauses, legal concerns, and/or public policy issues, among other things, prevent assignment. North Carolina courts, however, generally favor the free transferability of all types of property, including contracts (see NC Gen. Stat.
Assignment is a legal term used in the context of the laws of contract and of property. In both instances, assignment is the process whereby a person, the assignor, transfers rights or benefits to another, the assignee.
Assignment of contracts is the legal transfer of the obligations and benefits of a contract from one party, called the assignor, to another, called the assignee. The assignor must properly notify the assignee so that he or she can take over the contractual rights and obligations.
Contract rights and benefits can lawfully be assigned so long as no prior agreement prohibits an assignment. All required is for the assigning party (the assignor) to agree with the assignee (the third party recipient) that they will be transmitting their rights to them.
Unit ownership may be created by an owner or the co-owners of a building by an express declaration of their intention to submit such property to the provisions of the Article, which declaration shall be recorded in the office of the register of deeds of the county in which the property is situated.
(The exceptions are (i) contracts that are subject to statutes or public policies prohibiting their assignment, such as intellectual property contracts, or (ii) contracts where an assignment without consent would cause material and adverse consequences to non-assigning counterparties, such as employment agreements and ...
Sometimes anti-assignment clauses, legal concerns, and/or public policy issues, among other things, prevent assignment. North Carolina courts, however, generally favor the free transferability of all types of property, including contracts (see NC Gen. Stat.
The assignment must be absolute. The rights to be assigned must be wholly ascertainable and must not relate to part only of a debt. The assignment must be in writing and signed under hand by the assignor. Notice of the assignment must be received by the other party or parties for the assignment to take effect.