What is the primary characteristic of an assignment in contract law?

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The primary characteristic of an assignment in contract law is the voluntary transfer of rights, not liabilities. This means that when a party assigns their rights under a contract to another party, they willingly give up those rights in favor of the assignee. The assignor retains the original contractual obligations unless they are explicitly released from them or if the contract permits a substitution.

This process allows the assignee to step into the shoes of the assignor and enforce the contract. For example, if a debtor assigns their right to receive payment to a third party, the third party can pursue the payment but does not assume any of the debtor's responsibilities or obligations regarding the original contract.

The focus on the voluntary nature of the transfer highlights the agency of the assignor in deciding to transfer their rights. The other options incorrectly imply mandatory actions or involuntary transfers, which do not align with the voluntary nature of assignments in contract law. Additionally, they inaccurately represent the fundamental principles of how rights and obligations function in assignments.

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