The assignment of contractual position: structure and function
Keywords:
Brazil, assignment, assignment of contractual position, assignment of the contract, contract, structure, functionAbstract
This paper intends to analyze the structural and functional elements of the contract of assignment of contractual position. From the conception of the subject as an independent element of obligatory relationship, it was allowed to conceive succession in the legal relationship. It was identified that the transfer of the contractual position can be formed by explicit or implicit declarations, the latter inferred by conclusive behavior. The mediate object of such contract is the ownership of the contractual position, which is considered unitary, as formed by credits, debits, bondages, duties, exceptions, expectations and burdens. The cause of the assignment of contractual position is the transfer of the ownership of the legal status of the transferor at the stage presented, resulting in the interference of the assigned legal orbit. Therefore, the arrangement of assignment of the contract shall be trilateral, as the approval of the assigned is essential to the formation of the contract.





