Commentary

41.6 Prohibition of assignment without consent—all parties

BOILERPLATE AND COMMERCIAL CLAUSES vol 4(3)
| Commentary

41.6 Prohibition of assignment without consent—all parties

| Commentary

41.6 Prohibition of assignment without consent—all parties

The parties can choose whether to prohibit any assignment or transfer (or allow only one side to transfer or assign1). For example, if the agreement is of a personal nature and it is intended that neither party should assign his rights or obligations, a clause expressly prohibiting assignment such as the following can be inserted:

‘The rights and obligations under this agreement are personal to the parties and shall not be assigned or transferred by either of them except with the previous written consent of the other.’

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