The confrontation between the principles of law of obligations and the economic requirements regarding the assignment of contract

The assignment of contract reveals a primary significance in the pursuit of economic activities and in the commercial transactions. The assignment of contract is mainly based on an economic rationale hence; the economic requirements of the assignment of contract are confronted, in many aspects, with the principles of the law of obligations. In accordance with the law of obligations, the assignment of contract is assessed in the light of consensual nature and privity of contract and third-party effectiveness. In the economic approach, the transfer of asset, the realization of capital gains, the creation of wealth, profitability and optimization of economic activities determine the assignability of contract. This article though an analysis of selling of call options contract, acquisition, merger and absorption of companies aims to study the confrontation between the economic requirements and the principles of law of obligations regarding the assignment of contractKey words:assignment of contract, substitution, assigned party, universal succession, contracts intuitu personae .