257. Assignment by employer of burden.

An employer can assign the benefits and burdens of a contract, as between himself and his assignee, but cannot by such an assignment relieve himself of his obligations to the contractor. The contractor may, however, be a party to the assignment, in which case the assignment operates not only as an assignment between the employer and the assignee, but also as a new contract between the assignee and the contractor, involving novation1.

The employer cannot get rid of his liability to pay the price to the contractor by assignment without the consent of the latter. The contractor cannot be compelled