商法 英文版 Contract Law5(discharge).pptVIP

Contract Law;5.1Modification and Assignment of contracts ;5.1.2 Assignment of contracts;Regulations about assignment of rights Article 80 : An obligee assigning its rights shall notify the obligor. Without notifying the obligor, the assignment shall not become effective to the obligor. The notice of assignment of rights may not be revoked, unless the assignee agrees thereupon. Article 81: If the obligee assigns its rights, the assignee shall acquire the collateral rights relating to the principal rights, except that the collateral rights are personal to the obligee.;Assignment of obligations General principles: can not be assigned to the third party unless obtain consent from the obligee first. Regulations about assignment of obligations : Article 85: If an obligor assigns his obligations to a third party, the new obligor may claim the demur belonging to the original obligor in respect of the obligee. Article 86: If the obligor assigns its obligations to a third party, the new obligor shall assume the collateral obligations relating to the principal obligations, except that the obligations are personal to the original obligor.;Assignment of rights and obligations?;Article 90: If one party to a contract is merged after the contract is concluded, the legal person or other organization established after the merger shall exercise the contract rights and perform the contract obligations. If one party is devided after the contract is concluded, the legal persons or other organizations thus established after the division shall exercise the contract rights or assume the contract obligations jointly and severally. ;5.2 Discharge of a contract;5.2.1Performance;5.2.2 Rescission;Rescission by law (Rescission by one party ) Article 94: The parties to a contract may rescind the contract under any of the following circumstances:(1) The purpose of the contract is not able to be realized because of force majeure; (2) One party to the contract expresses explicitly or i