Colombian Commercial Code - Decree 410 of 1971 - Book IV - Of Contracts and Corporate Obligations - Part I - From Corporate Obligations - Title I - General Obligations - Chapter VI - Transfer of Contract - From: Section 887 Al : Art 896
COLOMBIAN COMMERCIAL CODE
CHAPTER VI
Assignment of contract
Article 887 .- In commercial contracts to run periodically or in succession each of the parties may to
be replaced by a third party, in whole or in part under the contract
relations, without explicit consent of the contractor transferred,
whether by law or by stipulation of the parties themselves have not been
banned or limited the replacement.
The same substitution can be made in the immediate execution of commercial contracts that have not been met in whole or in part, and the celebrated intuitu personaeBut in these cases will require the acceptance of contractor transferred.
Article 888 .- The substitution may be made in writing or orally, depending on whether or not the contract is in writing.
If the contract public deed, the assignment may be in private writing, after authenticating the signature of the assignor, if this is not authentic or not presumed such, but no effect against third until it is registered in the corresponding .
If the contract has entered into a document that, despite not being negotiable instrument, be granted or have the clause "to order" or an equivalent, the endorsement of the document will be enough to replace the endorsee endorser in relationships under the contract.
Article 889 .- Notwithstanding the preceding article, the simple supply contracts the tacit acquiescence of its continuation by a third party shall be deemed an assignment of the contract.
Article 890 .- That gives a contract is obliged to respond to the existence and validity of it and its guarantees, but, unless expressly stated otherwise, not liable for compliance by the other contracting parties and the guarantors.
Article 891 .- Where the transferor is obliged to respond compliance with the contract by the contractor transferred, the transferee must give notice within ten days of the delay or failure to comply, failing which the transferor be relieved of the obligation owed to the guarantee the transferee.
Article 892 .- The contractor can not meet validly given on behalf of the transferor benefits given under the contract, once notified or accepted the assignment or endorsement known.
If proceeds are received or accepted those benefits without giving the contractor given notice of the assignment or endorsement of the contract will incur penalties under the Penal Code for the crime of fraud.
Article 893 .- If you book contractor transferred not to release the assignor, to authorize or accept the assignment or upon being notified in the event which has not previously consented, the transferor may demand the fulfillment of obligations under the contract when the assignee not comply, but failure will put the knowledge of the transferor within ten days following the default of the debtor.
The provisions of this Article shall not apply to cases where the law authorizes the acceptance or transfer without prior notice.
Article 894 .- The transfer effects of a contract between the assignor and assignee, since this takes place, but over the contractor transferred and third, takes effect only after notification or acceptance, except as provided in the third paragraph of Article 888.
Article 895 .- The assignment of a contract involves actions, legal privileges and benefits inherent in the nature and conditions of the contract, but does not transfer to merge into the same fault, or the quality or state of the person of the contractors.
Article 896 .- The contractor assigned to the assignee may raise all exceptions under the agreement. May also oppose those which are founded on other relationships with the grantor, for which an express reservation made upon receiving notice or accept the assignment.
The same substitution can be made in the immediate execution of commercial contracts that have not been met in whole or in part, and the celebrated intuitu personaeBut in these cases will require the acceptance of contractor transferred.
Article 888 .- The substitution may be made in writing or orally, depending on whether or not the contract is in writing.
If the contract public deed, the assignment may be in private writing, after authenticating the signature of the assignor, if this is not authentic or not presumed such, but no effect against third until it is registered in the corresponding .
If the contract has entered into a document that, despite not being negotiable instrument, be granted or have the clause "to order" or an equivalent, the endorsement of the document will be enough to replace the endorsee endorser in relationships under the contract.
Article 889 .- Notwithstanding the preceding article, the simple supply contracts the tacit acquiescence of its continuation by a third party shall be deemed an assignment of the contract.
Article 890 .- That gives a contract is obliged to respond to the existence and validity of it and its guarantees, but, unless expressly stated otherwise, not liable for compliance by the other contracting parties and the guarantors.
Article 891 .- Where the transferor is obliged to respond compliance with the contract by the contractor transferred, the transferee must give notice within ten days of the delay or failure to comply, failing which the transferor be relieved of the obligation owed to the guarantee the transferee.
Article 892 .- The contractor can not meet validly given on behalf of the transferor benefits given under the contract, once notified or accepted the assignment or endorsement known.
If proceeds are received or accepted those benefits without giving the contractor given notice of the assignment or endorsement of the contract will incur penalties under the Penal Code for the crime of fraud.
Article 893 .- If you book contractor transferred not to release the assignor, to authorize or accept the assignment or upon being notified in the event which has not previously consented, the transferor may demand the fulfillment of obligations under the contract when the assignee not comply, but failure will put the knowledge of the transferor within ten days following the default of the debtor.
The provisions of this Article shall not apply to cases where the law authorizes the acceptance or transfer without prior notice.
Article 894 .- The transfer effects of a contract between the assignor and assignee, since this takes place, but over the contractor transferred and third, takes effect only after notification or acceptance, except as provided in the third paragraph of Article 888.
Article 895 .- The assignment of a contract involves actions, legal privileges and benefits inherent in the nature and conditions of the contract, but does not transfer to merge into the same fault, or the quality or state of the person of the contractors.
Article 896 .- The contractor assigned to the assignee may raise all exceptions under the agreement. May also oppose those which are founded on other relationships with the grantor, for which an express reservation made upon receiving notice or accept the assignment.
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