Prohibition of Assignment as an Organizational Condition of the Contract: Problems of Theory and Practice
The article provides a study of the condition for the prohibition of assignment based on the analysis of modern civil legislation, civil doctrine and law enforcement practice. The assignment in this case can be provided both in the original contract and in a separate agreement. The legal nature of the condition on the prohibition of the assignment and the agreement thereon is analyzed, its organizational legal nature is elicited. The author studies the current law enforcement practice concerning the consequences of non-observance of the condition or the agreement on the prohibition of assignment in the framework of various subject matter of relations. In particular, the author examines the Resolution of the Plenum of the Supreme Court of the Russian Federation of June 23, 2015 No. 25 "On the Application by Courts of Certain Provisions of Section I of Part One of the Civil Code of the Russian Federation", the Ruling of the Supreme Court of the Russian Federation of March 13, 2017 No. 310-ES17-595 in case No. A36-6801 / 2015. The author concludes that the current state of civil legislation and the amendments that come into force significantly narrow the scope of the practical application of the condition or the agreement on the prohibition of assignment.