6 Rules Regarding Assignment of Rights, Liabilities and Exceptions

1. Assignment of rights (the chose in action's transfer): the assignability-presumption and its bars — the non-assignable class: the personal contracts (the personal skill-and-service promises — the artist's-and-employee's duties); the contracts prohibiting assignment (the express anti-assignment terms); the public-policy bars (the personalty of public office; the tort claims); the notice's machinery (the assignment's notice to the debtor — the perfecting-and- priority effects; the assignee's stepping-into-shoes: the same right, the same defences against him — the debtor's equities preserved);2. Assignment of liabilities: the general rule — the debt's no-unilateral-transfer (the creditor's consent required: the obligor cannot foist a new debtor — the person's essence in credit); the novation's route (the creditor's consent = the new contract); the guarantee's structure (the third party's secondary-liability answer — the Code's guarantee chapter);3. The exceptions: the statutory-and-conventional assignables (the insurance policies; the claims' legal assignment in the execution-and-insolvency practice); the construction contracts' assignment practice (the contractor's receivables' assignment to the banks — the project- finance's daily bread);4. The Code's frame (the Nepali provisions): the Code Part V's assignment articles (the rights' assignment's form-and-notice; the liabilities' consent rule); the registration-linked transactions' own discipline (the land contracts' assignment through the deed-registrationmachinery — the likhit practice); the procedural face (the assignee's standing to sue — the Civil Procedure Code's frame).