LEGAL ADAPTATION OF CONTRACT TRANSFER (COMPARATIVE STUDY BETWEEN FRENCH AND ENGLISH LAWS)

Abstract

This study deals with contract transfer as an independent and modern legal system and a subjective legal principle, which has been imposed today on the legal arena by social and economic developments. Therefore the controversy remains about its legality, which led to the emergence of two trends in the legal field, one of which considers the transfer of the contract as an ownership transfer and a debt transfer at the same time, and this is known as the bilateral theory. Another trend considers the contract as a single systemic unit whose components (debt and ownership) cannot be separated in the contract case. This is known as the unilateral theory.