Reform of the French Civil Code on contract law and the general regime and proof of obligations

Global |  Publication |  October 2016

On October 1, 2016, Order n°2016-131 of February 10, 2016, modifying the French Civil Code provisions on contract law and the general regime and proof of obligations, entered into force. The Order codified principles which have emerged from the case law of the French courts but also created a number of new rules applicable to pre-contractual and contractual relationships.

Pre-contractual relations

New article 1104 provides that contracts must be negotiated, concluded and performed in good faith 1  (previously the implied obligation of good faith applied only to performance) and failure to comply with such obligation can not only trigger the payment of damages, but also result in the nullification of the contract. New article 1112-1 provides specifically that if one party to the contractual negotiations is aware of information the significance of which would be determinative for the consent of the other party (except for information relating to the estimation of the value of services to be provided under the contract), it must inform such other party thereof if such other party is legitimately unaware of such information or relies on the first party.

New articles 1115 and 1116 provide that contractual offers 2 may be retracted if they have not yet reached the offeree, but they may not be retracted prior to any period for acceptance stated in the offer (or, if no such period is stated, a reasonable period). Offers retracted in violation of such rule but prior to acceptance prevent the conclusion of the contract; in such case the only remedy is damages, and such damages are limited to the costs and expenses resulting from the non-conclusion (and not anticipated profits). Conversely, new article 1118 provides that acceptance of the offer may be freely retracted as long as it has not been received by the offeror.

New article 1119 provides that general conditions invoked by a party have no effect against the other party unless they have been made known to such other party and accepted by it. In the event of a “battle of the forms” between two series of general condition (e.g., general sales conditions and general purchase conditions), those conditions which conflict are without effect.

Preference pacts and unilateral promises

Under new article 1123, if the undertaking party in a preference pact enters into an agreement in violation of this preference pact, the original beneficiary may obtain damages, and, if the new counterparty knew of the existence of the preference pact and the intention of the beneficiary to benefit thereby, the beneficiary may bring an action to have the offending contract declared null or request the judge to have the beneficiary substituted for the offending party in the contract. A third party may request in writing that the beneficiary of a preference pact confirm, within a reasonable period specified in the written request, whether or not there is a preference pact in force and if the beneficiary intends to rely thereupon. If no response is made to the request, the beneficiary of the preference pact may no longer request to be substituted for the requesting party or to have the contract declared null and void.

Contradicting previous decisions of French courts, new article 1124 provides that a contract concluded in violation of a unilateral promise with a third party which knew of the existence thereof is null and void.

Economic violence and unequal clauses

New article 1143 provides that violence exists when a party, abusing the state of dependency in which its co-contracting party finds itself, obtains from such co-contracting party an undertaking which such co-contracting party would not have otherwise agreed to in the absence of such constraint, and benefits thereby from a manifestly excessive advantage. The requirement to obtain a manifestly excessive advantage was added just prior to promulgation in order to limit the scope of this provision to particularly egregious situations.

Under new article 1171, in standard form agreements imposed by one party on another 3 ( contrats d’adhésion ), contractual clauses (other than those dealing with the principal object of the contract or with the price of the service provided) which create a significant imbalance ( déséquilibre significatif ) between the rights and obligations of the parties to the contract can be deleted by the judge at the request of the contracting party to the detriment of which it was stipulated. The limitation of this principle to “adhesion contracts” was added prior to promulgation of the Order, again in order to limit the scope of the provision to circumstances in which the party suffering from the “significant imbalance” had no opportunity to negotiate the contract.

Interpretation and nullification of contracts

French law has historically provided that a court interpreting an ambiguous contractual provision must determine the parties’ actual subjective intention rather than simply construing the actual words of the contract in an objective manner. This has been traditionally opposed to the Anglo-American principle of interpreting ambiguous provisions in the manner a “reasonable person” would understand them. However, under new article 1188, if the mutual intention of the parties cannot be determined, the contract is to be interpreted according to the sense that a reasonable person placed in the same situation would give to it. In standard form agreements ( contrats d’adhésion ), new article 1190 provides that, in the case of doubt, the contract is to be interpreted against the party who proposed the contract.

New article 1179 distinguishes between absolute nullity (in the case of contracts which violate a provision of law which protects the general interest), which can be requested by any person who can demonstrate an interest as well as by the public prosecutor, and relative nullity, which can be requested only by the person which the law is intended to protect. A party may request in writing to a person who would be entitled to claim the nullity of a contract either to confirm the validity of the contract or to bring an action to nullify the contract within six months, failing which the person will be foreclosed from alleging the nullity. If an action in nullity is not brought within six months, the contract will be deemed to have been confirmed. Under new article 1186, a contract validly formed may also become lapsed ( caduc ) if one of its essential components disappears. If the performance of several contracts is necessary for the realisation of the same transaction and one of such contracts disappears, all of the contracts the performance of which is rendered impossible by such disappearance, and all those for which the performance of the contract which disappeared was a determining condition of the consent of a party are also rendered caduc ; however, this only occurs if the contracting party against which such caducité is invoked was aware of the existence of the entire transaction when it consented to the contract to which it is a party.

Hardship and force majeure

New article 1195 provides that if a change in circumstances which could not have been predicted at the time the contract was entered into renders performance of the contract excessively onerous for a contractual party who had not assumed such risk, such party may request its counterparty to renegotiate the contract. The requesting party must continue to perform its obligations during the renegotiation. In the event of refusal of the other party to renegotiate or in the event that the renegotiation is not successful, the parties may agree to terminate the contract on the date and on the conditions determined by the parties, or mutually request the judge to adapt the contract. Without an agreement within a reasonable time period, the judge may, at the request of a party, revise the contract or terminate it. Because the article expressly states that it does not apply to a party who has assumed the relevant risk, it is likely that parties to French law contracts will henceforth include language specifically stating that risk of “hardship” is assumed; the Loan Market Association has for example recommended such an approach to loan agreements.

Force majeure is defined by new article 1218 as the occurrence of an event which is beyond the control of the obligor, which could not have been reasonably foreseen at the time of the entry into of the contract and the effects of which cannot be avoided by appropriate measures and which prevents performance of its obligation by the obligor. If the effects are temporary, the performance of the obligation is suspended unless the delay resulting therefrom justifies termination of the contract. If the effects are definitive, the contract is automatically terminated and the parties are discharged of their obligations (without damages being due).

Transfer of contracts, rights and obligations

New article 1216 provides that a contracting party may, with the consent of its co-contracting party, assign its position as party to a contract; such an “assignment of contract” ( cession de contrat ) will simplify considerably the manner in which contractual transfer occurs under French law. Such consent may be given in advance, including in the contract entered into between the future assignor and assigned party, in which case the assignment enters into force with respect to the assigned party when the contract concluded between the assignor and the assignee is notified to the assigned party or when the assigned party so acknowledges. The assignment must be made in writing or it is null and void. If the assigned party so expressly consents, the assignment of the contract liberates the assignor for obligations arising after the assignment; otherwise the assignor remains jointly and severally liable for the performance of the contract. If the assignor is not discharged by the assigned party, any security interests previously granted remain in force. Otherwise, security interests granted by third parties remain in force only with their agreement. If the assignor is discharged, any joint and several co-obligors remain liable, after deducting the share of the assignor in the obligations.

Assignment of receivables no longer requires to be effective as against the obligor of the receivable to be served on such obligor by huissier de justice ( signification ); under new article 1324, simple notice to or acknowledgement by the obligor is sufficient, and even this is not necessary if the obligor has given advance consent to such assignment. The assignment of receivables must be made in writing or it is null and void.

Assignment of debts ( cession de dettes ) is specifically permitted under new article 1327, as long as it is consented to or acknowledged by the creditor, including by the giving of advance consent. If the creditor so consents, the original obligor is discharged of its obligation; otherwise it is jointly and severally liable for payment of the debt. If the original debtor is not discharged of its obligation then the security interests which were originally granted survive; otherwise security interests granted by third parties only survive with the agreement of the persons having granted such security interests. If the assignor is discharged, any other jointly and severally liable co-obligors remain liable after deduction of the assignor’s portion of the debt.

Remedies for non-performance (new article 1217)

As revised, the Civil Code now sets out several different remedies for contractual non-performance:

  • Refusal of the performing party to perform its own obligations or suspension of such performance ( exception d’inexécution ), not only when the other party is already failing to perform, but also when it is manifestly clear that the other party will not perform on the date performance is contractually required and if the consequences of such non-performance are sufficiently serious for the otherwise performing party.
  • Specific performance ( exécution forcée ), after serving formal notice on the non-performing party to perform ( mise en demeure ) and unless such performance is impossible or if there exists manifest disproportion between the cost of performing for the obligor and the interest in performance for the obligee. It is also possible for the obligee, following the giving of a mise en demeure , to perform the obligation itself or cause it to be performed, with a reasonable time period and at a reasonable cost, or, following receipt of prior authorisation by the judge, destroy anything done in violation thereof. The obligee may request the obligor to reimburse sums paid by the obligee for such purpose, and may also file a motion before the court asking the obligor to advance to the obligee the amounts necessary for such performance or such destruction. This new remedy is a substantial departure from previous practice, under which specific performance was rarely permitted.
  • Accept imperfect performance and request a proportional reduction in price, following a mise en demeure .
  • Termination of the contract, after a mise en demeure . A clause résolutoire in a contract must specify those obligations the non-performance of which will trigger the termination of the contract. If the contract does not contain a clause résolutoire , the obligee may terminate the contract in the event of a sufficiently serious case of non-performance by simple notification but at its risk. The obligee is always entitled to request the court to terminate the contract; in such case, the judge may either acknowledge or order the termination of the contract or order the non-performing party to perform either immediately or within a period fixed by the court, or simply order the payment of damages.
  • In addition, damages, after a mise en demeure, can always be claimed, either alone or in conjunction with the other remedies.

The parties may not contractually limit or exclude such obligation.

Containing all the essential elements of the potential contract and expressing the willingness of its author to be bound in the event of acceptance.

 Prepared by one party in which the counterparty has little or no opportunity to negotiate.

Philippe Hameau

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Assignment of Contract

Jump to section, what is an assignment of contract.

An assignment of contract is a legal term that describes the process that occurs when the original party (assignor) transfers their rights and obligations under their contract to a third party (assignee). When an assignment of contract happens, the original party is relieved of their contractual duties, and their role is replaced by the approved incoming party.

How Does Assignment of Contract Work?

An assignment of contract is simpler than you might think.

The process starts with an existing contract party who wishes to transfer their contractual obligations to a new party.

When this occurs, the existing contract party must first confirm that an assignment of contract is permissible under the legally binding agreement . Some contracts prohibit assignments of contract altogether, and some require the other parties of the agreement to agree to the transfer. However, the general rule is that contracts are freely assignable unless there is an explicit provision that says otherwise.

In other cases, some contracts allow an assignment of contract without any formal notification to other contract parties. If this is the case, once the existing contract party decides to reassign his duties, he must create a “Letter of Assignment ” to notify any other contract signers of the change.

The Letter of Assignment must include details about who is to take over the contractual obligations of the exiting party and when the transfer will take place. If the assignment is valid, the assignor is not required to obtain the consent or signature of the other parties to the original contract for the valid assignment to take place.

Check out this article to learn more about how assigning a contract works.

Contract Assignment Examples

Contract assignments are great tools for contract parties to use when they wish to transfer their commitments to a third party. Here are some examples of contract assignments to help you better understand them:

Anna signs a contract with a local trash company that entitles her to have her trash picked up twice a week. A year later, the trash company transferred her contract to a new trash service provider. This contract assignment effectively makes Anna’s contract now with the new service provider.

Hasina enters a contract with a national phone company for cell phone service. The company goes into bankruptcy and needs to close its doors but decides to transfer all current contracts to another provider who agrees to honor the same rates and level of service. The contract assignment is completed, and Hasina now has a contract with the new phone company as a result.

Here is an article where you can find out more about contract assignments.

assignment of contract in french

Assignment of Contract in Real Estate

Assignment of contract is also used in real estate to make money without going the well-known routes of buying and flipping houses. When real estate LLC investors use an assignment of contract, they can make money off properties without ever actually buying them by instead opting to transfer real estate contracts .

This process is called real estate wholesaling.

Real Estate Wholesaling

Real estate wholesaling consists of locating deals on houses that you don’t plan to buy but instead plan to enter a contract to reassign the house to another buyer and pocket the profit.

The process is simple: real estate wholesalers negotiate purchase contracts with sellers. Then, they present these contracts to buyers who pay them an assignment fee for transferring the contract.

This process works because a real estate purchase agreement does not come with the obligation to buy a property. Instead, it sets forth certain purchasing parameters that must be fulfilled by the buyer of the property. In a nutshell, whoever signs the purchase contract has the right to buy the property, but those rights can usually be transferred by means of an assignment of contract.

This means that as long as the buyer who’s involved in the assignment of contract agrees with the purchasing terms, they can legally take over the contract.

But how do real estate wholesalers find these properties?

It is easier than you might think. Here are a few examples of ways that wholesalers find cheap houses to turn a profit on:

  • Direct mailers
  • Place newspaper ads
  • Make posts in online forums
  • Social media posts

The key to finding the perfect home for an assignment of contract is to locate sellers that are looking to get rid of their properties quickly. This might be a family who is looking to relocate for a job opportunity or someone who needs to make repairs on a home but can’t afford it. Either way, the quicker the wholesaler can close the deal, the better.

Once a property is located, wholesalers immediately go to work getting the details ironed out about how the sale will work. Transparency is key when it comes to wholesaling. This means that when a wholesaler intends to use an assignment of contract to transfer the rights to another person, they are always upfront about during the preliminary phases of the sale.

In addition to this practice just being good business, it makes sure the process goes as smoothly as possible later down the line. Wholesalers are clear in their intent and make sure buyers know that the contract could be transferred to another buyer before the closing date arrives.

After their offer is accepted and warranties are determined, wholesalers move to complete a title search . Title searches ensure that sellers have the right to enter into a purchase agreement on the property. They do this by searching for any outstanding tax payments, liens , or other roadblocks that could prevent the sale from going through.

Wholesalers also often work with experienced real estate lawyers who ensure that all of the legal paperwork is forthcoming and will stand up in court. Lawyers can also assist in the contract negotiation process if needed but often don’t come in until the final stages.

If the title search comes back clear and the real estate lawyer gives the green light, the wholesaler will immediately move to locate an entity to transfer the rights to buy.

One of the most attractive advantages of real estate wholesaling is that very little money is needed to get started. The process of finding a seller, negotiating a price, and performing a title search is an extremely cheap process that almost anyone can do.

On the other hand, it is not always a positive experience. It can be hard for wholesalers to find sellers who will agree to sell their homes for less than the market value. Even when they do, there is always a chance that the transferred buyer will back out of the sale, which leaves wholesalers obligated to either purchase the property themselves or scramble to find a new person to complete an assignment of contract with.

Learn more about assignment of contract in real estate by checking out this article .

Who Handles Assignment of Contract?

The best person to handle an assignment of contract is an attorney. Since these are detailed legal documents that deal with thousands of dollars, it is never a bad idea to have a professional on your side. If you need help with an assignment of contract or signing a business contract , post a project on ContractsCounsel. There, you can connect with attorneys who know everything there is to know about assignment of contract amendment and can walk you through the whole process.

ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.

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  • assignments basic law

Assignments: The Basic Law

The assignment of a right or obligation is a common contractual event under the law and the right to assign (or prohibition against assignments) is found in the majority of agreements, leases and business structural documents created in the United States.

As with many terms commonly used, people are familiar with the term but often are not aware or fully aware of what the terms entail. The concept of assignment of rights and obligations is one of those simple concepts with wide ranging ramifications in the contractual and business context and the law imposes severe restrictions on the validity and effect of assignment in many instances. Clear contractual provisions concerning assignments and rights should be in every document and structure created and this article will outline why such drafting is essential for the creation of appropriate and effective contracts and structures.

The reader should first read the article on Limited Liability Entities in the United States and Contracts since the information in those articles will be assumed in this article.

Basic Definitions and Concepts:

An assignment is the transfer of rights held by one party called the “assignor” to another party called the “assignee.” The legal nature of the assignment and the contractual terms of the agreement between the parties determines some additional rights and liabilities that accompany the assignment. The assignment of rights under a contract usually completely transfers the rights to the assignee to receive the benefits accruing under the contract. Ordinarily, the term assignment is limited to the transfer of rights that are intangible, like contractual rights and rights connected with property. Merchants Service Co. v. Small Claims Court , 35 Cal. 2d 109, 113-114 (Cal. 1950).

An assignment will generally be permitted under the law unless there is an express prohibition against assignment in the underlying contract or lease. Where assignments are permitted, the assignor need not consult the other party to the contract but may merely assign the rights at that time. However, an assignment cannot have any adverse effect on the duties of the other party to the contract, nor can it diminish the chance of the other party receiving complete performance. The assignor normally remains liable unless there is an agreement to the contrary by the other party to the contract.

The effect of a valid assignment is to remove privity between the assignor and the obligor and create privity between the obligor and the assignee. Privity is usually defined as a direct and immediate contractual relationship. See Merchants case above.

Further, for the assignment to be effective in most jurisdictions, it must occur in the present. One does not normally assign a future right; the assignment vests immediate rights and obligations.

No specific language is required to create an assignment so long as the assignor makes clear his/her intent to assign identified contractual rights to the assignee. Since expensive litigation can erupt from ambiguous or vague language, obtaining the correct verbiage is vital. An agreement must manifest the intent to transfer rights and can either be oral or in writing and the rights assigned must be certain.

Note that an assignment of an interest is the transfer of some identifiable property, claim, or right from the assignor to the assignee. The assignment operates to transfer to the assignee all of the rights, title, or interest of the assignor in the thing assigned. A transfer of all rights, title, and interests conveys everything that the assignor owned in the thing assigned and the assignee stands in the shoes of the assignor. Knott v. McDonald’s Corp ., 985 F. Supp. 1222 (N.D. Cal. 1997)

The parties must intend to effectuate an assignment at the time of the transfer, although no particular language or procedure is necessary. As long ago as the case of National Reserve Co. v. Metropolitan Trust Co ., 17 Cal. 2d 827 (Cal. 1941), the court held that in determining what rights or interests pass under an assignment, the intention of the parties as manifested in the instrument is controlling.

The intent of the parties to an assignment is a question of fact to be derived not only from the instrument executed by the parties but also from the surrounding circumstances. When there is no writing to evidence the intention to transfer some identifiable property, claim, or right, it is necessary to scrutinize the surrounding circumstances and parties’ acts to ascertain their intentions. Strosberg v. Brauvin Realty Servs., 295 Ill. App. 3d 17 (Ill. App. Ct. 1st Dist. 1998)

The general rule applicable to assignments of choses in action is that an assignment, unless there is a contract to the contrary, carries with it all securities held by the assignor as collateral to the claim and all rights incidental thereto and vests in the assignee the equitable title to such collateral securities and incidental rights. An unqualified assignment of a contract or chose in action, however, with no indication of the intent of the parties, vests in the assignee the assigned contract or chose and all rights and remedies incidental thereto.

More examples: In Strosberg v. Brauvin Realty Servs ., 295 Ill. App. 3d 17 (Ill. App. Ct. 1st Dist. 1998), the court held that the assignee of a party to a subordination agreement is entitled to the benefits and is subject to the burdens of the agreement. In Florida E. C. R. Co. v. Eno , 99 Fla. 887 (Fla. 1930), the court held that the mere assignment of all sums due in and of itself creates no different or other liability of the owner to the assignee than that which existed from the owner to the assignor.

And note that even though an assignment vests in the assignee all rights, remedies, and contingent benefits which are incidental to the thing assigned, those which are personal to the assignor and for his sole benefit are not assigned. Rasp v. Hidden Valley Lake, Inc ., 519 N.E.2d 153, 158 (Ind. Ct. App. 1988). Thus, if the underlying agreement provides that a service can only be provided to X, X cannot assign that right to Y.

Novation Compared to Assignment:

Although the difference between a novation and an assignment may appear narrow, it is an essential one. “Novation is a act whereby one party transfers all its obligations and benefits under a contract to a third party.” In a novation, a third party successfully substitutes the original party as a party to the contract. “When a contract is novated, the other contracting party must be left in the same position he was in prior to the novation being made.”

A sublease is the transfer when a tenant retains some right of reentry onto the leased premises. However, if the tenant transfers the entire leasehold estate, retaining no right of reentry or other reversionary interest, then the transfer is an assignment. The assignor is normally also removed from liability to the landlord only if the landlord consents or allowed that right in the lease. In a sublease, the original tenant is not released from the obligations of the original lease.

Equitable Assignments:

An equitable assignment is one in which one has a future interest and is not valid at law but valid in a court of equity. In National Bank of Republic v. United Sec. Life Ins. & Trust Co. , 17 App. D.C. 112 (D.C. Cir. 1900), the court held that to constitute an equitable assignment of a chose in action, the following has to occur generally: anything said written or done, in pursuance of an agreement and for valuable consideration, or in consideration of an antecedent debt, to place a chose in action or fund out of the control of the owner, and appropriate it to or in favor of another person, amounts to an equitable assignment. Thus, an agreement, between a debtor and a creditor, that the debt shall be paid out of a specific fund going to the debtor may operate as an equitable assignment.

In Egyptian Navigation Co. v. Baker Invs. Corp. , 2008 U.S. Dist. LEXIS 30804 (S.D.N.Y. Apr. 14, 2008), the court stated that an equitable assignment occurs under English law when an assignor, with an intent to transfer his/her right to a chose in action, informs the assignee about the right so transferred.

An executory agreement or a declaration of trust are also equitable assignments if unenforceable as assignments by a court of law but enforceable by a court of equity exercising sound discretion according to the circumstances of the case. Since California combines courts of equity and courts of law, the same court would hear arguments as to whether an equitable assignment had occurred. Quite often, such relief is granted to avoid fraud or unjust enrichment.

Note that obtaining an assignment through fraudulent means invalidates the assignment. Fraud destroys the validity of everything into which it enters. It vitiates the most solemn contracts, documents, and even judgments. Walker v. Rich , 79 Cal. App. 139 (Cal. App. 1926). If an assignment is made with the fraudulent intent to delay, hinder, and defraud creditors, then it is void as fraudulent in fact. See our article on Transfers to Defraud Creditors .

But note that the motives that prompted an assignor to make the transfer will be considered as immaterial and will constitute no defense to an action by the assignee, if an assignment is considered as valid in all other respects.

Enforceability of Assignments:

Whether a right under a contract is capable of being transferred is determined by the law of the place where the contract was entered into. The validity and effect of an assignment is determined by the law of the place of assignment. The validity of an assignment of a contractual right is governed by the law of the state with the most significant relationship to the assignment and the parties.

In some jurisdictions, the traditional conflict of laws rules governing assignments has been rejected and the law of the place having the most significant contacts with the assignment applies. In Downs v. American Mut. Liability Ins. Co ., 14 N.Y.2d 266 (N.Y. 1964), a wife and her husband separated and the wife obtained a judgment of separation from the husband in New York. The judgment required the husband to pay a certain yearly sum to the wife. The husband assigned 50 percent of his future salary, wages, and earnings to the wife. The agreement authorized the employer to make such payments to the wife.

After the husband moved from New York, the wife learned that he was employed by an employer in Massachusetts. She sent the proper notice and demanded payment under the agreement. The employer refused and the wife brought an action for enforcement. The court observed that Massachusetts did not prohibit assignment of the husband’s wages. Moreover, Massachusetts law was not controlling because New York had the most significant relationship with the assignment. Therefore, the court ruled in favor of the wife.

Therefore, the validity of an assignment is determined by looking to the law of the forum with the most significant relationship to the assignment itself. To determine the applicable law of assignments, the court must look to the law of the state which is most significantly related to the principal issue before it.

Assignment of Contractual Rights:

Generally, the law allows the assignment of a contractual right unless the substitution of rights would materially change the duty of the obligor, materially increase the burden or risk imposed on the obligor by the contract, materially impair the chance of obtaining return performance, or materially reduce the value of the performance to the obligor. Restat 2d of Contracts, § 317(2)(a). This presumes that the underlying agreement is silent on the right to assign.

If the contract specifically precludes assignment, the contractual right is not assignable. Whether a contract is assignable is a matter of contractual intent and one must look to the language used by the parties to discern that intent.

In the absence of an express provision to the contrary, the rights and duties under a bilateral executory contract that does not involve personal skill, trust, or confidence may be assigned without the consent of the other party. But note that an assignment is invalid if it would materially alter the other party’s duties and responsibilities. Once an assignment is effective, the assignee stands in the shoes of the assignor and assumes all of assignor’s rights. Hence, after a valid assignment, the assignor’s right to performance is extinguished, transferred to assignee, and the assignee possesses the same rights, benefits, and remedies assignor once possessed. Robert Lamb Hart Planners & Architects v. Evergreen, Ltd. , 787 F. Supp. 753 (S.D. Ohio 1992).

On the other hand, an assignee’s right against the obligor is subject to “all of the limitations of the assignor’s right, all defenses thereto, and all set-offs and counterclaims which would have been available against the assignor had there been no assignment, provided that these defenses and set-offs are based on facts existing at the time of the assignment.” See Robert Lamb , case, above.

The power of the contract to restrict assignment is broad. 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. Anti-assignment clauses are effective only if they contain clear, unambiguous language of prohibition. Anti-assignment clauses protect only the obligor and do not affect the transaction between the assignee and assignor.

Usually, a prohibition against the assignment of a contract does not prevent an assignment of the right to receive payments due, unless circumstances indicate the contrary. Moreover, the contracting parties cannot, by a mere non-assignment provision, prevent the effectual alienation of the right to money which becomes due under the contract.

A contract provision prohibiting or restricting an assignment may be waived, or a party may so act as to be estopped from objecting to the assignment, such as by effectively ratifying the assignment. The power to void an assignment made in violation of an anti-assignment clause may be waived either before or after the assignment. See our article on Contracts.

Noncompete Clauses and Assignments:

Of critical import to most buyers of businesses is the ability to ensure that key employees of the business being purchased cannot start a competing company. Some states strictly limit such clauses, some do allow them. California does restrict noncompete clauses, only allowing them under certain circumstances. A common question in those states that do allow them is whether such rights can be assigned to a new party, such as the buyer of the buyer.

A covenant not to compete, also called a non-competitive clause, is a formal agreement prohibiting one party from performing similar work or business within a designated area for a specified amount of time. This type of clause is generally included in contracts between employer and employee and contracts between buyer and seller of a business.

Many workers sign a covenant not to compete as part of the paperwork required for employment. It may be a separate document similar to a non-disclosure agreement, or buried within a number of other clauses in a contract. A covenant not to compete is generally legal and enforceable, although there are some exceptions and restrictions.

Whenever a company recruits skilled employees, it invests a significant amount of time and training. For example, it often takes years before a research chemist or a design engineer develops a workable knowledge of a company’s product line, including trade secrets and highly sensitive information. Once an employee gains this knowledge and experience, however, all sorts of things can happen. The employee could work for the company until retirement, accept a better offer from a competing company or start up his or her own business.

A covenant not to compete may cover a number of potential issues between employers and former employees. Many companies spend years developing a local base of customers or clients. It is important that this customer base not fall into the hands of local competitors. When an employee signs a covenant not to compete, he or she usually agrees not to use insider knowledge of the company’s customer base to disadvantage the company. The covenant not to compete often defines a broad geographical area considered off-limits to former employees, possibly tens or hundreds of miles.

Another area of concern covered by a covenant not to compete is a potential ‘brain drain’. Some high-level former employees may seek to recruit others from the same company to create new competition. Retention of employees, especially those with unique skills or proprietary knowledge, is vital for most companies, so a covenant not to compete may spell out definite restrictions on the hiring or recruiting of employees.

A covenant not to compete may also define a specific amount of time before a former employee can seek employment in a similar field. Many companies offer a substantial severance package to make sure former employees are financially solvent until the terms of the covenant not to compete have been met.

Because the use of a covenant not to compete can be controversial, a handful of states, including California, have largely banned this type of contractual language. The legal enforcement of these agreements falls on individual states, and many have sided with the employee during arbitration or litigation. A covenant not to compete must be reasonable and specific, with defined time periods and coverage areas. If the agreement gives the company too much power over former employees or is ambiguous, state courts may declare it to be overbroad and therefore unenforceable. In such case, the employee would be free to pursue any employment opportunity, including working for a direct competitor or starting up a new company of his or her own.

It has been held that an employee’s covenant not to compete is assignable where one business is transferred to another, that a merger does not constitute an assignment of a covenant not to compete, and that a covenant not to compete is enforceable by a successor to the employer where the assignment does not create an added burden of employment or other disadvantage to the employee. However, in some states such as Hawaii, it has also been held that a covenant not to compete is not assignable and under various statutes for various reasons that such covenants are not enforceable against an employee by a successor to the employer. Hawaii v. Gannett Pac. Corp. , 99 F. Supp. 2d 1241 (D. Haw. 1999)

It is vital to obtain the relevant law of the applicable state before drafting or attempting to enforce assignment rights in this particular area.

Conclusion:

In the current business world of fast changing structures, agreements, employees and projects, the ability to assign rights and obligations is essential to allow flexibility and adjustment to new situations. Conversely, the ability to hold a contracting party into the deal may be essential for the future of a party. Thus, the law of assignments and the restriction on same is a critical aspect of every agreement and every structure. This basic provision is often glanced at by the contracting parties, or scribbled into the deal at the last minute but can easily become the most vital part of the transaction.

As an example, one client of ours came into the office outraged that his co venturer on a sizable exporting agreement, who had excellent connections in Brazil, had elected to pursue another venture instead and assigned the agreement to a party unknown to our client and without the business contacts our client considered vital. When we examined the handwritten agreement our client had drafted in a restaurant in Sao Paolo, we discovered there was no restriction on assignment whatsoever…our client had not even considered that right when drafting the agreement after a full day of work.

One choses who one does business with carefully…to ensure that one’s choice remains the party on the other side of the contract, one must master the ability to negotiate proper assignment provisions.

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Dictionnaires de langue en ligne

'; audChoice = audChoice.replace(/ selected=["']selected["']/gm, '');var audT = document.getElementById('audT');if ((audT) && (audPref)) { //Parse the content if(audPref.indexOf(':') > -1) { var audPrefAccent = audPref.split(':')[0]; var playbackRate = audPref.split(':')[1]; } else { var audPrefAccent = audPref; var playbackRate = 1; } var re = new RegExp('( UK and possibly other pronunciationsUK and possibly other pronunciations/əˈsaɪnmənt/US:USA pronunciation: IPA and respellingUSA pronunciation: IPA/əˈsaɪnmənt/ ,USA pronunciation: respelling(ə sīn mənt) | | | | | |
WordReference English-French Dictionary © 2024:

AnglaisFrançais
assignment (short task)tâche
  mission
 His boss gave him three assignments to be completed by the end of the week.
 Son patron lui a donné trois tâches à accomplir avant la fin de la semaine.
  Cette phrase n'est pas une traduction de la phrase originale. Son patron lui a confié une mission.
(work given to students) ( )devoir
 The teacher told his students to hand in their assignments by Friday.
 
AnglaisFrançais
(position, longer term) ( )affectation
 The sales manager moved to Chicago after his assignment there by the company.
 Le responsable des ventes a déménagé à Chicago suite à son affectation là-bas par l'entreprise.
(act of assigning) ( )affectation
 The assignment of the diplomat to the Embassy in Paris was approved by senior ministers.
 L'affectation du diplomate à l'ambassade de Paris a été approuvée par les ministres.
(law: transference) ( )transfert
  ( )cession
 The assignment of the property was specified in the contract.
 Le transfert de la propriété était stipulé sur le contrat.
  Cette phrase n'est pas une traduction de la phrase originale. La cession du contrat à un tiers est interdite.
(continuing obligation) ( )tâche
 His principal assignment is general maintenance.
 Sa tâche principale est l'entretien général.

WordReference English- French Dictionary © 2024:


AnglaisFrançais
(law: list in appeal brief) ( )requête en rectification d'erreur matérielle
(law: property rights transfer)cession de brevet
(law: transfer)cession de droits
(loan security)transfert en garantie
(task for students)devoir maison
  DM

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Assignment of contract

assignment of contract in french

This article is written by Neha Dahiya, a law student at Dr. B.R. Ambedkar National Law University, Sonipat. This article explains the meaning, types, and conditions of the assignment of contract. It also seeks to explain the judicial opinion about assignment by the means of a case study. 

This article has been published by Sneha Mahawar .

Table of Contents

Introduction

A contract binds the involved parties to fulfil their obligations. Non-fulfillment of the obligations results in the breach of the contract. Thus, the rights and obligations arising from the contract are owned by the contracting parties. However, in certain cases, these contractual rights and obligations can be transferred to a third party. This is known as the assignment of contract. In a world where the complexity of transactions is increasing continuously, such assignments have become very common. 

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Basics of a contract 

Section 2(h) of the Indian Contract Act, 1872 defines a contract as “an agreement enforceable by law”. It is characterised by an offer and an acceptance along with consideration and is backed by the power of law. An agreement is a promise by one party to another. A proposal once accepted becomes a promise. The formation of a contract results in rights and obligations for both parties. A lawful contract binds both parties to fulfil their obligations. In case they are not fulfilled, the aggrieved party can avail of the remedies provided by the law. 

Thus, Contract= (Offer + Acceptance) Agreement + Enforceability of law 

For example: ‘A’ promises to sell his house to ‘B’ for a consideration of Rs. 50 lakhs. Here, there was an offer to sell the house by ‘A’ and acceptance by ‘B’ for consideration of a fixed sum. It is a lawful agreement and hence is a contract. Here, ‘A’ has the obligation to give the house to ‘B’ and ‘B’ has an obligation to pay the amount. If either of them fails to fulfil their respective obligation, it will result in a breach of the contract. 

What is assignment of contract 

When the rights and obligations in a contract are transferred to a third party, who is not a party to the contract, it is called the assignment of contract. For example, in the case where there was a contract between ‘A’ and ‘B’ where ‘A’ was supposed to pay ‘B’ some amount, ‘A’ had an obligation to pay ‘B’ the amount and ‘B’ had the right to receive the amount. Along with this, if ‘B’ had to pay the same amount to ‘C’ and he asked ‘A’ to pay the money directly to ‘C’, it can be called an assignment of the obligation by ‘B’ to ‘A’. It is covered in Section 37 of the Indian Contract Act, 1872. The Section provides that a party can dispense the performance of the contract by the assignment of it to a third party. This concept can also be found in the Transfer of Property Act, 1882 . The use of assignments has increased tremendously in recent times owing to the financial and contractual complexities of the transactions. Usually, it is employed in high-risk transactions that are secured by assigning the contractual rights along with the securities (like hypothecation or mortgage).

The party currently holding the rights and obligations of the existing contract is called the ‘assignor’ and the party to whom they are assigned and taking over the position is called the ‘assignee’. The transfer takes place from the assignor to the assignee. Also, it is pertinent to note that assignment does not affect the rights and responsibilities of the parties involved in any way. These rights and duties remain the same. And even after the transfer, the assignor remains liable if any problems arise unless there was an agreement to the contrary. Thus, the assignment of the contract involves an incorporeal transfer of the rights and obligations. And as per the laws of India, these transfers must be brought onto paper.  

How does assignment of contracts work 

The assignment depends upon several factors including the provisions of the contract entered into by the parties. The original contract may contain a clause that does not permit the assignment or make the consent of the other party necessary before the assignment. The contract can also contain a stipulation that states that the liability of the agreement would lie with the original parties, even after the assignment. This happens in situations where the assignor acts as a guarantor for the performance of duties as per the contract by the assignee. Acting as a guarantor makes the assignor liable. It is also possible that a contract may permit an assignment without any formal notification to the other party. But in this case, it is important for that party to create a ‘Letter of Assignment’ containing the details to notify all other contracting parties. The letter must be signed by both outgoing and incoming parties. 

For example: If ‘A’ and ‘B’ enter into a contract and include a clause that does not allow the assignment of the contract, neither of them can transfer their rights and liabilities to a third party. And if the contract contains a clause that necessitates the requirement of consent, then neither of them can transfer the rights and obligations without the other party’s consent. Also, if ‘A’ decides to assign his obligations to ‘C’ and acts as a guarantor for ‘C’, then also ‘A’ will continue to hold the liability. 

Enforceability of the assignment

Usually, assignments of contract rights and obligations are enforceable. However, under some circumstances, they are not enforced. These are as follows:

  • If the provisions of the contract prohibit the assignment of the contract explicitly and it still happens somehow, it will be considered to be void. Such a clause is called an ‘anti-assignment clause’. 
  • Sometimes, due to the assignment of contractual rights and obligations, the basics of the contract are altered. In such circumstances, it cannot be considered enforceable. For example, if performance is affected by the assignment, it will probably not be enforced by the court. 
  • The assignment will not be enforced if it is illegal or contrary to the law in some or the other way. 

Contracts that can be assigned 

As per Indian law, any kind of contract can be assigned, provided it conforms to the provisions of the contract and is carried out with the consent of the parties involved. Also, for any contract whose foundation lies upon the ‘personal skills’ of the promisor, such a contract cannot be assigned under any circumstances. This is because such a contract depends upon the qualities or qualifications of the promisor only and cannot be found in someone else, thus, the obligations cannot be assigned in such a case. This has also been highlighted by our judiciary that two types of contracts can never be assigned, that are:

  • Where the contract is personal in nature.
  • Where the assignment of rights is prohibited either by the law or by the contract.

Thus, it is prudence that is followed while deciding the assignability of a contract. It is prudent to explicitly state the conditions regarding assignment in the contract itself, taking due care of the limits placed by the law.  

Who can handle assignment of a contract 

The most competent person to handle the assignment of contract is an attorney. An attorney is a licensed court practitioner who acts as a deputy or the agent of the party he/she is representing in the court of law. Such contracts need professional expertise as they contain some very technical and intricate details that are crucial for the correct and beneficial assignment. 

Types of assignable contracts

As per the common law, the assignment was done by the way of  three kinds of transactions:

  • Novation- In simple words, it is an agreement wherein both contracting parties permit the substitution of an existing party with a new one in the contract. Thus, there is a novation of contract where the original party is discharged of its obligations and they are transferred to a new party. This can be called the assignment of contractual obligations. However, there is an essential difference between both. In the assignment, the rights and obligations are transferred from one party to another. But in novation, instead of a transfer, one party substitutes another.  
  • Acknowledgment – Where both the parties acknowledge that the interests in the contract can be assigned to a third party in the contract, then the assignment can take place with the consent of both. 
  • Power of attorney – It is a legal document that allows a person to appoint someone to organise or manage various affairs including personal and financial. Thus, in a way it is like appointing an agent to conduct professional transactions, settle claims and cater to business demands.

As per the existing laws in India, there are broadly two types of assignment. 

assignment of contract in french

  • Legal – A legal assignment is the one that is carried out as per Section 130 of the Transfer of Property Act, 1882 . it is characterised by all the formalities, intention to assign, communication to the assignee, and notice to the debtor. In this, a proper formal agreement is drafted giving assent to the assignment, as per the procedure laid down by the law. The consent of the party is sought first and a notice is sent. Proper communication is sent to the assignee as well. Finally, with all the formalities done, the assignment is carried out. 
  • Equitable – An equitable assignment holds good only in equity and not in the eyes of law. It can be related to a transfer of future benefits which is not enforceable by law. In respect of equitable charges attached to a property, the courts are bound to follow the laws laid down. Thus, as held in B.N. Railway Employees’ Urban Bank v. Seager (1941), an equitable assignment can be created only by a written document as per the provisions of the Transfer of Property Act, 1882. 

Modes of assignment 

The assignment of contractual rights and liabilities has been covered under Section 130 of the Transfer of Property Act, 1882 under the heading of ‘actionable claim’. An actionable claim can be transferred simply by the execution of a written instrument. Nothing more is required. The contract permitting assignment must be clearly laid down, strictly adhering to the provisions of this Section. The intention to assign must be clear and certain. Under Indian property laws, a deed is required for the assignment. And this deed must be duly stamped. However, stamp duty is extremely high in India. Also, it is a subject that falls in the concurrent list. So when it is legislated on by both centre and states, it leads to variations and there is no uniformity. This acts as a hindrance in the way of assignment. 

Validity of part-assignment

In the case of Doraisami v. Doraisami (1924), following the English precedent, it was held that if there is an assignment of a debt, the transfer must be of the whole debt and not just a portion of it. Thus, part-assignment was not recognised. However, in the subsequent case of Rajamier v. Subramaniam (1928) , the previous judgement was overruled. It was recognized that even though part-assignment was not recognised in the English common law, part-assignment of debt was a valid transfer as it was held to be good in equity. However, it was also laid down that in such part-assignments, while enforcing a claim, it was necessary to implead the owner of the rest of the portion as well. It was observed that no such distinction was made in the Transfer of Property Act, 1882. Thus, both may be transferred under the term ‘actionable claims’. 

However, the only problem that persists is presented by Order 2 Rule 2 of the Code of Civil Procedure, 1908. As per this, a single cause of action cannot be allowed to be split into many. Thus, it may prevent the owner of a part of the debt from enforcing his rights. Thus, to avoid this, the lenders often submit a substitution claim or notice in the court so that this provision is not applied. 

Assigning intellectual property 

Assignment of intellectual property implies the transfer of the owner’s rights in copyrights, patents, trade secrets, trademarks, and such other intangible properties. Many times, companies look to sell or transfer their intellectual property because an excess of these can prove to be a burden for them. Maintaining intellectual property requires continuous registrations, defending suits against third-party claims or marketing, and creating a finished product. Thus, such transfers can generate good profit for the company and save it from unnecessary expenditure. On the other hand, several companies look for purchasing such property to provide an impetus to their growth. Thus, when intellectual property is assigned, all the rights, titles, and interests with respect to it are transferred to the assignee from the assignor.  

Assignment of contract in real estate 

The use of assignments in real estate is known as ‘real estate wholesaling’ . As per this, the real estate dealers instead of going by the conventional way of buying and selling the house, enter into a contract and then reassign it to another buyer so as to avoid the additional costs and pocket the profit earned in doing so. This is possible because a real estate purchase agreement does not contain a binding obligation to actually buy the property. Such an agreement is called an ‘Assignment of Real Estate Purchase and Sale’ agreement. Thus, here the assignor merely acts as a middleman, selling their right to buy the property with an equitable interest, i.e. in exchange for an assignment fee from the assignee, who is the ultimate buyer of the property.

Alternatives to assignment of contract 

There are certain other types of transfers that operate as an alternative to assignment. 

They are as follows:

  • Licensing- It is an agreement under which a party owning the rights over the property (for example – owning patent rights in case of intellectual property) leases those rights to another, without actually selling or assigning them. Thus, the second party gets a licence to use those rights owned by the first party, for its benefit.  
  • Delegation- Delegation basically implies appointing someone else to do the work for you. For example, ‘A’ gets a contract to cut the grass from ‘B’s garden. ‘A’ might delegate the work to ‘C’ without actually assigning the contract to him. But ‘A’ will still control the work and receive the payment. 

Case laws on assignment of contract 

Kapilaben and ors. v. ashok kumar jayantilal sheth through poa gopalbhai madhusudan patel and ors., (2019), facts of the case.

In this case, the appellants here had executed an agreement to sell in 1986 in favour of some of the respondents. The respondents had paid only a portion of the consideration amount. Thereafter, the original buyers, i.e. the respondents executed another agreement to sell in 1987 in respect of the same property in favour of Respondent 1 who was not included in the agreement of 1986. Subsequently, a dispute arose among the parties, and Respondent 1 filed a petition against both the original sellers and buyers seeking specific performance of the 1987 agreement. The petition was dismissed by a trial court citing that the original buyers could not have transferred the contract and assigned their obligation to a third party without the written consent of the original seller. Additionally, there was no evidence suggesting that the seller’s consent was taken. However, the decision was overruled by the High Court of Gujarat. Later on, the matter went to the Supreme Court of India

Issue involved in the case

Was the assignment of obligations by the original buyers to Respondent 1 without the consent of the original seller valid? 

Judgment of the Court

The Supreme Court laid down the following principles in its judgment:

  • Assignment of contractual liabilities, where the parties agree to substitute the old contract with a new one where the same responsibilities are transferred to another party is called novation. However, this assignment cannot occur without the consent of the other party to the contract. 
  • The rights and obligations under a contract are freely assignable unless the contract is personal in nature or is prohibited by the law. 
  • It was finally held that an assignment cannot be held valid just because it is not explicitly prohibited by the provisions of the contract. In order to classify an interest in the contract to be assignable, the terms of the contract and circumstances must be taken into consideration to infer whether the pirates intended to make the interests assignable.

Robinson v. Davison, (1871) 

In this case , the defendant’s wife had promised to play the piano at a concert. However, she failed to perform owing to her bad health. As a result, the plaintiff sued for compensation. 

Issues involved in the case

  • Can the plaintiff seek compensation in the present case?
  • Could assignment of contract be allowed to a third party?

The Court held that the performance of the present contract depended upon the personal skills of the defendant’s wife, which in turn depended on her good health. Thus, non-performance due to ill-health discharged the contract. Hence, no compensation could be claimed. Also, since the contract was based on the promisor’s personal skills and capability, it could not be assigned to a third party. 

Conclusion 

Assignment of contracts has become a common phenomenon in recent times. However, it is important that the assignments conform to the provisions laid down by the law. It must be carried out with the consent of the contracting parties. There are certain cases where the assignment is not possible like the contracts which are personal in nature, where there is an explicit provision in the contract to prohibit it, or when the law does not allow it in particular cases. These conditions must be adhered to. In fact, our law recognises both legal and equitable assignments. These assignments are covered under the provisions of the Transfer of Property Act, 1882, and the Indian Contract Act, 1872. Thus, all the contracts where the contractual rights and obligations are transferred to a third party are valid, provided all the conditions laid down by law are followed. 

References 

  • http://docs.m anupatra.in/newsline/articles/Upload/E915DA6B-361C-493B-91D1-96D8EB703128.pdf
  • https://www.thebalancesmb.com/what-is-an-assignment-of-contract-in-a-business-agreement-4587747
  • https://www.nolo.com/legal-encyclopedia/assignment-of-contract-basics-32643.html
  • https://www.contractscounsel.com/b/assignment-of-contract  

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Cueto, 38, gave up nine runs in 11 innings in his two starts for the Angels, both losses. He gave up six runs in five innings in Tuesday night's 6-2 loss at Detroit , with three of the six hits being home runs.

Even though Cueto's time with the big league club was short, manager Ron Washington said Cueto's experience benefited the younger members of the pitching staff.

"He had a tremendous influence on them with his work ethic, how they do bullpens and that type of stuff. He was willing to give up his wisdom and knowledge," Washington said before Friday night's game against the Seattle Mariners . "It was hard, but we are at that point of the year where changes happen."

Cueto signed a minor league deal with the Angels on July 24 after being released earlier in the month by the Texas Rangers . He was 3-0 in four starts at Triple-A Salt Lake City before being called up on Aug. 21.

The Angels are the sixth team for Cueto, who is 144-113 with a 3.52 ERA in 370 major league games. His career began with Cincinnati , followed by stops in Kansas City , San Francisco , the Chicago White Sox and Miami .

Cueto will make way for some of the organization's younger arms after the team called up left-hander Sam Aldegheri and right-hander Caden Dana from Double-A Rocket City.

Aldegheri made his big league debut Friday and is the first player born and raised in Italy to pitch in the majors.

Dana, considered the organization's top pitching prospect, will start Sunday.

Los Angeles also put right-hander Carson Fulmer on the injured list retroactive to Tuesday because of right elbow inflammation and transferred right-hander José Marte to the 60-day injured list.

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  • CUETO JOHNNY

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Consultant to facilitate workshops with civil society on Women, Peace and Security issues (2 vacancies)

Advertised on behalf of.

Home Based, LEBANON

Type of Contract :

Individual Contract

Starting Date :

09-Sep-2024

Application Deadline :

29-Aug-24 (Midnight New York, USA)

Post Level :

National Consultant

Duration of Initial Contract :

Languages required :.

Arabic   English  

Expected Duration of Assignment :

UNDP is committed to achieving workforce diversity in terms of gender, nationality and culture. Individuals from minority groups, indigenous groups and persons with disabilities are equally encouraged to apply. All applications will be treated with the strictest confidence. UNDP does not tolerate sexual exploitation and abuse, any kind of harassment, including sexual harassment, and discrimination. All selected candidates will, therefore, undergo rigorous reference and background checks.

UN Women, grounded in the vision of equality enshrined in the Charter of the United Nations, works for the elimination of discrimination against women and girls; the empowerment of women; and the achievement of equality between women and men as partners and beneficiaries of development, human rights, humanitarian action and peace and security.

Placing women’s rights at the center of all its efforts, UN Women leads and coordinates United Nations system efforts to ensure that commitments on gender equality and gender mainstreaming translate into action throughout the world. It provides strong and coherent leadership in support of Member States’ priorities and efforts, building effective partnerships with civil society and other relevant actors.

The Women, Peace, and Security (WPS) framework has transformative potential to bring durable, sustainable, and inclusive peace to communities and societies. The four pillars of the WPS framework encompass (1) participation (2) protection (3) prevention (4) relief and recovery. These four pillars are recognized and reinforced by UN Security Council resolution 1325 (2000) and strengthened and expanded in nine subsequent Security Council resolutions. UNSCR 1325 (2000) affirms the important role of women in: (1) prevention and resolution of conflicts, (2) peace negotiations, (3) peacebuilding, (4) peacekeeping, (5) humanitarian response, and (6) in post conflict reconstruction. Furthermore, the resolution asserts that the WPS framework must be localized by member states and civil society organizations. National Action Plans are promoted as the preferred means by which member states should fulfil their obligation to implement the resolutions, which Lebanon has achieved through the adoption of its first National Action Plan on UNSCR 1325 in 2019 for the period 2019-2023 that focuses on increasing women’s full participation in decision-making processes in the political, diplomatic, and economic domain as well as in the security and defense sectors.

In 2024, Lebanon embarked on the development of its second National Action Plan (NAP II) on UNSCR 1325 on Women, Peace, and Security. This process is spearheaded by the National Commission for Lebanese Women (NCLW) with UN Women’s support towards the design and implementation of NAP II. Under the leadership of NCLW, the development of Lebanon’s NAP II will include broad based consultations with key stakeholders, including with government entities and CSOs in all eight governorates of Lebanon so as to design a NAP that is aligned with national context and priorities.

In coordination with NCLW, UN Women is recruiting two national consultants on WPS to a) organize and facilitate interactive workshops with CSOs and local community peacebuilders on WPS to identify their needs in matters of peace and security, ensuring effective engagement and input from participants, b) contribute to the development of an outcome document that reflects the discussions, insights, and recommendations from the workshops.

The national consultant will collaborate with an international WPS consultant to develop an outcome document on WPS priorities in Lebanon. NCLW may utilize the outcome document to inform the development of the NAP II on UNSCR 1325. The national consultant will report to the UN Women Country Representative and will work in close collaboration with the UN Women WPS program team.

Duties and Responsibilities

The national consultant will be responsible for:

  • Design and develop workshop agendas, materials, and interactive activities.
  • Facilitate 10 workshops across Lebanon with CSOs and community peacebuilders on WPS priorities and interventions based on local context, ensuring a participatory and inclusive approach.
  • Coordinate with UN Women to ensure alignment with workshop objectives and outcome and provide regular updates on workshop progress and outcomes.
  • Gather, analyze and document inputs from each workshop session highlighting key findings, recommendations, and action points from the consultations.
  • Collaborate with the international consultant by contributing to the drafting and review of the outcome document with political, economic, and social analysis and ensuring that the outcome document reflects diverse perspectives and addresses the key themes discussed in the consultations.

Deliverables: 

 

Facilitate 10 workshops across Lebanon with CSOs and community peacebuilders on WPS priorities and interventions based on local context, ensuring a participatory and inclusive approach.

 

Gather, analyze and document inputs from each workshop session highlighting key findings, recommendations, and action points from the consultations.

 

By 31 October 2024

50%

Collaborate with the international consultant by contributing to the drafting and review of the outcome document with political, economic, and social analysis and ensuring that the outcome document reflects diverse perspectives and addresses the key themes discussed in the consultations.

 

By 30 November 2024

50%

Consultant’s Workplace and Official Travel

This is a home-based consultancy, but also requires frequent visits to areas in Lebanon.

Competencies

Core Values:

  • Respect for Diversity
  • Professionalism

Core Competencies:

  • Awareness and Sensitivity Regarding Gender Issues
  • Accountability
  • Creative Problem Solving
  • Effective Communication
  • Inclusive Collaboration
  • Stakeholder Engagement
  • Leading by Example

Please visit this link for more information on UN Women’s Core Values and Competencies: https://www.unwomen.org/en/about-us/employment/application-process#_Values

FUNCTIONAL COMPETENCIES:

  • Substantial knowledge and understanding of women, peace and security and gender equality, preferably in the context of Lebanon and the Arab States region.
  • Demonstrated leadership and technical ability to communicate complex ideas verbally and in writing.
  • Experience in leading consultations with diverse stakeholders on issues of gender equality, women, peace and security and other relevant topics.
  • Ability to produce analytical reports and document.
  • Ability to build partnerships with a range of actors.

Required Skills and Experience

Education and Certification:

  • Master’s degree in political science, international human rights, gender equality, public administration, or related discipline.
  • A first-level university degree in combination with two additional years of qualifying experience may be accepted in lieu of the advanced university degree.

Experience:

  • At least 7 years of experience on Women, Peace and Security issues and frameworks including proven experience in facilitating workshops.
  • Excellent communication and facilitation skills.
  • Experience in drafting technical and/or policy-oriented reports.
  • Ability to engage with diverse stakeholders and ensure inclusive discussions.
  • Computer skills, internet communication and command of MS Office.
  • Fluency in Arabic and English is required.

Application:

  • Personal CV or P11 (P11 can be downloaded from:  https://www.unwomen.org/sites/default/files/Headquarters/Attachments/Sections/About%20Us/Employment/UN-Women-P11-Personal-History-Form.doc  )
  • A cover letter (maximum length: 1 page)
  • Managers may ask (ad hoc) for any other materials relevant to pre-assessing the relevance of their experience, such as reports, presentations, publications, campaigns, or other materials.

The above-mentioned documents should be merged in a standalone file including all them, since the online application submission does only permit to upload one file per application. Incomplete submission can be a ground for disqualification.

At UN Women, we are committed to creating a diverse and inclusive environment of mutual respect. UN Women recruits, employs, trains, compensates, and promotes regardless of race, religion, color, sex, gender identity, sexual orientation, age, ability, national origin, or any other basis covered by appropriate law. All employment is decided on the basis of qualifications, competence, integrity and organizational need.

If you need any reasonable accommodation to support your participation in the recruitment and selection process, please include this information in your application.

UN Women has a zero-tolerance policy on conduct that is incompatible with the aims and objectives of the United Nations and UN Women, including sexual exploitation and abuse, sexual harassment, abuse of authority and discrimination. All selected candidates will be expected to adhere to UN Women’s policies and procedures and the standards of conduct expected of UN Women personnel and will therefore undergo rigorous reference and background checks. (Background checks will include the verification of academic credential(s) and employment history. Selected candidates may be required to provide additional information to conduct a background check.)

Daily Post Nigeria

Transfer: Watford terminate Samuel Kalu’s contract

assignment of contract in french

Samuel Kalu’s contract has been terminated following a mutual agreement with Watford.

The English Championship side confirmed the decision in an official statement on Saturday.

Kalu joined the Hornets from Bordeaux in January.

However, he struggled for game time and was loaned out to Lausanne Sport in the Swiss Super League for the 2023/2024 campaign.

During his time at Vicarage Road, Kalu battled with constant injuries and loss of form.

He featured in 13 games in all competitions, with four of them in the Premier League, but did not register any goal contributions.

During his loan spell at Lausanne-Sport, Kalu had five goal involvements over 21 appearances.

The 27-year-old is free to sign for a new club even after the close of the summer transfer window, because his contract was terminated on August 30.

Transfer: He won’t make them better – Shaka Hislop knocks Arsenal’s newest recruit

Ex-EPL footballer, Sol Bamba dies at 39

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MLB Trade Rumors

Reds Designate Casey Kelly For Assignment

By Darragh McDonald | August 29, 2024 at 1:25pm CDT

The Reds announced that they have selected the contract of left-hander Brandon Leibrandt from Triple-A Louisville. Right-hander Casey Kelly has been designated for assignment as the corresponding move.

Cincinnati’s pitching staff has been quite banged up of late. Coming into August, they already had Graham Ashcraft , Brandon Williamson , Brent Suter , Ian Gibaut and Tejay Antone on the injured list. Since the month has started, Andrew Abbott , Hunter Greene , Nick Lodolo and Christian Roa have been added to the pile.

The club has already made a few transactions to bolster the pitching staff in recent days, including selecting Kelly. The 34-year-old had been pitching for the LG Twins of the KBO but got released when that club signed Elieser Hernández . That ended an almost six-year relationship, as Kelly had signed with the Twins going into 2019. He had a 3.25 ERA in that time, tossing just under 1,000 innings, but that ERA jumped to 4.51 this year and the Twins let him go.

He landed a minor league deal with the Reds in early August and made two Triple-A starts, allowing four earned runs in eight innings. He got called up to the majors a few days ago and logged 5 1/3 innings over two relief appearances, allowing three earned runs in that time.

The Reds needed six pitchers to get through last night’s game, including Kelly, and have decided to get a fresh arm into the mix. With the trade deadline now passed, Kelly will be placed on waivers in the coming days. He has a previous career outright and would therefore have the right to elect free agency if he passes through waivers unclaimed.

Taking his spot is the 31-year-old Leibrandt. He has a small amount of major league experience, having tossed nine innings for the Marlins in the shortened 2020 season. Since then, he has bounced around to various minor league and indy ball clubs.

He started 2024 with the High Point Rockers of the independent Atlantic League, tossing 19 1/3 innings over four starts with a tiny ERA of 0.93. That got him a minor league deal with the Reds in May and he has been with Louisville since then. He has logged 72 2/3 innings over 15 starts there with a 4.46 ERA, 20.3% strikeout rate, 6.1% walk rate and 39% ground ball rate.

Given the club’s aforementioned challenges with the pitching staff, they may call upon Leibrandt to absorb some innings at some point. He still has a full slate of options and less than a year of service time, so the club will be able to retain him for a long time. But since they have been rotating guys on and off the roster lately, it’s entirely possible that it will be a short stint for Leibrandt, like it was for Kelly.

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Impressive Kelly is still kicking around and made a 2024 return to the big leagues. Resilience is a heck of a trait.

' src=

I loved Brandon Leibrandt’s Dad. No one could change pace on pitches better than Charlie Leibrandt.

' src=

If he is half the pitcher his dad was, he’ll be better than most of these guys.

' src=

He is nowhere close to as good as his dad. That being said, he is back in the majors for the first time since the season that shouldn’t have happened in 2020. That’s a lot better than most pro players ever get.

' src=

Casey clears waivers and finished the season with his dad in Louisville.Where the hell is Joey Votto now that the Reds can give him an adios tour? Neither Dominic Smith or Votto can help the Reds now, but at least Joey gives fans a reason to come out to the ballpark. Another big FAN opportunity wasted, by bothsides

' src=

Votto doesn’t need to be on active roster for reds to give him a day

' src=

I feel Votto would be an excellent coach. Hopefully Cincinnati would consider bringing him along in that capacity.

' src=

Ayy Leibrandt’s getting another shot too. Nice.

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assignment of contract in french

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Sports. Honestly. Since 2011

Angels dfa veteran pitcher after two starts.

  • August 30, 2024

Vanessa Serrao

assignment of contract in french

The Los Angeles Angels have designated veteran pitcher Johnny Cueto for assignment. With a raised ERA of 7.15, a record of 0-2, and a WAR of -02. The Dominican pitcher signed a minor league contract with the Angels in July after opting out of his deal with the Texas Rangers. The 38-year-old recorded a 2-1 record with a 5.71 ERA in nine starts for Round Rock (the Rangers Triple-A Affiliate team), including a win when he allowed three runs over six innings against El Paso.

Cueto signed a minor league contract with the Angels in July. This was after opting out of his deal with the Texas Rangers . He recorded a 2-1 record with a 5.71 ERA in nine starts for Round Rock (the Rangers Triple-A Affiliate team), including a win when he allowed three runs over six innings against El Paso. He had 34 strikeouts and eight walks in 41 innings since agreeing to a minor league deal with the Rangers on April 24.

#Angels DFA Cueto after two starts https://t.co/guWzBGfIoQ pic.twitter.com/HBj0ktbbWO — MLB Trade Rumors (@mlbtraderumors) August 30, 2024

Angels Let Go of Veteran Pitcher

The highs and lows of cueto’s recent seasons.

The Angels are the sixth team that Cueto has played for. He is 144-111 with a 3.50 ERA in 368 big league games. Early in his career, Cueto showed success when he played for the Cincinnati Reds on April 3rd, 2008. This was when Cueto made his major league debut. He only gave up one hit and struck out 10 against the Arizona Diamondbacks. Cueto, who led the NL in strikeouts in 2014, showcased some struggles with his contact rate in 2022.

But he still posted an ERA of 3.22 with the Chicago White Sox in the 2022 season across 158.1 innings of work. However, focusing on his recent relief work, he gave up six runs against the Detroit Tigers. This is where he handed a loss to the Angels. Cueto is a former All-Star who another team could claim. Cueto succeeded against the Royals a week ago in returning to the majors.

Main Photo Credits: Jay Biggerstaff-USA TODAY Sports

Vanessa Serrao

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F0r the Los Angeles Dodgers, the dog days of summer are fading away, and September call-ups are just around the corner. There is no question

assignment of contract in french

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Former Prospect Thought Dodgers Kicked Him Out of Dominican Academy When He Was Traded

Sam garcia | aug 30, 2024.

assignment of contract in french

  • Los Angeles Dodgers

Hailing from Las Tunas, Cuba, a former Dodgers prospect was naïve in his first season as a professional baseball player.

Left fielder Yordan Alvarez was signed by the Dodgers as an amateur free agent in July 2016. As the only member of his family to play a professional sport, Alvarez was unaware of the potential routes a major league organization might send him. 

Alvarez was sent straight to the Dominican Republic to train at the Dominican Academy. On July 30, he was assigned to a Dodgers affiliate in the Dominican Summer League. Two weeks after signing with the organization and two days after being assigned to the DSL, the Dodgers traded Alvarez at the deadline to the Houston Astros in exchange for right-handed relief pitcher Josh Fields. 

When Alvarez was informed of the trade, the then-19-year-old thought he was being kicked out of the academy entirely and frantically shared the news.

"I didn't know what a trade was and at that time I thought... they're getting rid of me! I called everyone. 'Hey, they are kicking me out!" Alvarez said on a recent episode of Corona's La Vida Mas Fina. 

Yordan Alvarez didn't know what a trade was until he got traded from the Dodgers to the Astros 🤣 Check out the latest episode of @CoronaUSA La Vida Mas Fina #For21 + pic.twitter.com/LjiWq5oLBa — MLB (@MLB) August 27, 2024

The three-time American League All-Star laughed as he reminisced on his early days as a professional baseball player. Alvarez never played a game in a Dodgers uniform. 

"A lot of people don't know that part of my story. I'm always asked, 'Did you play with [the Dodgers]?' I only put on my uniform once and I didn't get to play. Just hanging out and taking pictures!" Alvarez said in the episode. 

Alvarez, 27, went on to make his major league debut with the Astros on June 9, 2019, just 18 days before his 22nd birthday. The Cuban outfielder has remained with the Astros for his entire six-season career.

Since departing from the Dodgers organization, Alvarez has established himself as one of the best hitters in baseball. Six years after being traded by the Dodgers, Alvarez won the first World Series title of his career in 2022. That same year, Alvarez was selected for his first of three AL All-Star teams. 

Alvarez has become a key asset to the Astros’ lineup. Health has been on his side this season, as he's tied with third baseman Alex Bregman for the second-most starts (125) on the team behind only shortstop Jeremy Peña (131). The 2022 Silver Slugger has made 43 starts at left field and 82 as the designated hitter.

Even though he knows what a “trade” is now, Alvarez has never been the subject of a deal since his first two weeks in professional baseball. 

Sam Garcia

Samantha Garcia is a student at the University of California, Los Angeles. She is majoring in Psychology and minoring in Professional Writing. She is also a sports writer for the Daily Bruin at UCLA.

IMAGES

  1. How To Contract Articles In French (au, Aux, Du, And Des)

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  2. les articles contractés

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VIDEO

  1. French Grammar

  2. French Grammar

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  4. Les articles contractés (à)- Contracted articles with à- French lesson

  5. French: Articles Contractés à and de

  6. DE LA, DU, DES en francés

COMMENTS

  1. assignment of contract

    Many translated example sentences containing "assignment of contract" - French-English dictionary and search engine for French translations. Look up in Linguee; Suggest as a translation of "assignment of contract" ... For each individual contract (assignment), the contracting authority invites the contractors on the list to submit an offer ...

  2. assignment of contract translation in French

    assignment of contract translation in English - French Reverso dictionary, see also 'assign, alignment, assignation, astonishment', examples, definition, conjugation

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  4. Reform of the French Civil Code on contract law and the general regime

    New article 1216 provides that a contracting party may, with the consent of its co-contracting party, assign its position as party to a contract; such an "assignment of contract" (cession de contrat) will simplify considerably the manner in which contractual transfer occurs under French law. Such consent may be given in advance, including ...

  5. Translation of "Assignment Contract" in French

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  6. ASSIGNMENT OF A CONTRACT

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  7. assignment clause

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  8. PDF Executing contracts in France

    An overview of the law and practice relating to the form execution of contracts under French law. The note includes a summary of the different forms that contracts can take and when a private ... • The assignment of receivables (article 1322, Civil Code). • Retention of title clauses (article L.624-16, Commercial

  9. assignment contract translation in French

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  10. Translation of "contract assignment" in French

    Once the contract assignment becomes effective, the Third Party will take over all the rights and obligations of MOL WMT under the Supply Agreement for the part assigned to it. Dès que la cession du contrat deviendra effective, la tierce partie reprendra l'ensemble des droits et obligations de MOL WMT aux termes du contrat de fourniture, pour ...

  11. Assignment (law)

    Assignment (law) Assignment[ a] 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. [ 1] An assignment may not transfer a duty, burden or detriment without the express agreement of the ...

  12. Assignment of Contract: What Is It? How It Works

    An assignment of contract is simpler than you might think. The process starts with an existing contract party who wishes to transfer their contractual obligations to a new party. When this occurs, the existing contract party must first confirm that an assignment of contract is permissible under the legally binding agreement.

  13. Assignments: The Basic Law

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    The assignment of the property was specified in the contract. Le transfert de la propriété était stipulé sur le contrat. ⓘ Cette phrase n'est pas une traduction de la phrase originale. La cession du contrat à un tiers est interdite. assignment n (continuing obligation) (travail) tâche nf : His principal assignment is general maintenance.

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  18. Employment contract and international mobility

    Secondment. An employee is considered to have been seconded when their employer is registered outside France and entrusts them with a temporary assignment that must be carried out on French territory. The employment contract between seconded employees and their original, foreign-based employer continues during the secondment period.

  19. French factory activity contracts in Aug at fastest pace since Jan, PMI

    French factory activity contracts in Aug at fastest pace since Jan, PMI shows. By Reuters. September 2, 2024 7:56 AM UTC Updated ago An employee works on the automobile assembly line of Bluecar ...

  20. Angels designate Johnny Cueto for assignment after two starts

    The Los Angeles Angels designated veteran pitcher Johnny Cueto for assignment and put reliever Carson ... signed a minor league contract with the Angels in July after opting out of a deal with the ...

  21. UN WOMEN Jobs

    Individual Contract. Starting Date : 09-Sep-2024. Application Deadline : 29-Aug-24 (Midnight New York, USA) ... 3 months. Time left : 1d 6h 28m. Languages Required : Arabic English . Expected Duration of Assignment : 3 months. Apply Now Refer a Friend. ... Fluency in Arabic and English is required. Application: Personal CV or P11 (P11 can be ...

  22. Transfer: Watford terminate Samuel Kalu's contract

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  23. Reds Designate Davis Wendzel For Assignment

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  24. Reds Designate Casey Kelly For Assignment

    The Reds announced that they have selected the contract of left-hander Brandon Leibrandt from Triple-A Louisville. Right-hander Casey Kelly has been designated for assignment as the corresponding ...

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  26. Angels DFA Johnny Cueto

    The Los Angeles Angels have designated veteran pitcher Johnny Cueto for assignment. With a raised ERA of 7.15, a record of 0-2, and a WAR of -02. The Dominican pitcher signed a minor league contract with the Angels in July after opting out of his deal with the Texas Rangers. The 38-year-old recorded a 2-1 record with a 5.71 ERA in nine starts ...

  27. Former Prospect Thought Dodgers Kicked Him Out of Dominican Academy

    Former Dodgers prospect Yordan Alvarez thought he was being kicked out of the Dominican Academy when he was traded to the Astros in 2016. Alvarez evolved into one of the Astros' star players and ...

  28. Marseille close to signing Neal Maupay from Everton

    An agreement has been reached between the two clubs over a season-long loan deal containing an obligation to buy, with the 28-year-old now set to travel for a medical with the French club.