luovutussääntöä

Luovutussääntöä, often translated as the "assignment rule" or "transfer rule," is a concept primarily found in Finnish contract law and related legal fields. It addresses the circumstances under which rights and obligations arising from a contract can be transferred to a third party. This rule is fundamental to understanding how contractual relationships can change hands without necessarily terminating the original agreement.

The core principle of luovutussääntöä is that contractual rights, such as the right to receive payment or performance, are generally transferable. However, the transfer of obligations, such as the duty to perform a service or pay a debt, is more restricted. Typically, the transfer of obligations requires the consent of the party to whom the obligation is owed. This is to protect the obligor from being forced into a new contractual relationship with an unknown or undesirable party.

There are specific legal provisions and contractual clauses that can modify the application of luovutussääntöä. For instance, a contract might explicitly state whether rights and obligations are assignable or non-assignable. In some cases, certain types of rights or obligations may be deemed non-transferable by law, regardless of contractual provisions. The legal framework surrounding luovutussääntöä aims to balance the freedom of contract with the need for certainty and protection of parties involved in contractual arrangements. Understanding this rule is crucial for anyone dealing with contracts in Finland.