Kollisionsrecht der Vertragsübernahme

Wherever long-term contractual relationships exist, there may also be a need for a transfer (assignment) of such contracts. In many legal systems, this is achieved by a uniform transfer of the complete contract (sometimes also called “assignment” of the contract). Increasingly, contracts are also being transferred in international business transactions. The cases to be found are manifold.

After a look at the legal institution of the transfer of contracts in German law and some possible case scenarios, the work examines which law is applicable to such a transfer. It covers the more well-known institutions of assignment of claims, accession to and assumption of debt, and then sheds light on whether the transfer of an entire contractual relationship is also covered by the unified European conflict of laws provisions of the Rome Regulations. In addition, the contract transferred is examined: With the transfer of such contract, the question of a change of law applicable to the contract transferred arises.