(1) Except in cases where a
contract specifies that it must be performed by its party only, the
contract may be performed by his or her agent or by a person
appointed by him or her or by any other person on his or her behalf
or the rights and obligations under the contract may be transferred.
Provided that no party to a contract may transfer his or her
obligations under the contract to another person without consent of
the other party.
(2) The following terms and conditions shall be fulfilled in
order to transfer rights and obligations under a contract pursuant to
sub-section (1):
(a) Unless the contract otherwise provides for, the
transfer shall be in written form,
(b) The transfer shall be unconditional,
(c) The transfer of rights or obligations is not
prohibited by law or the contract,
(d) In the case of the transfer of rights and obligations,
a notice along with its time limit shall be given to
the other party.
(3) Once any party to a contract accepts any act done by a
third person, that party shall not be entitled to claim subsequently
that the act must be done by the party to the contract himself or
herself, except as otherwise provided for in the contract.
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(4) If two or more persons jointly enter into a contract with
another party, any or all of such joint promisors shall fulfill, or
cause to be fulfilled, the obligations under the contract, except as
otherwise provided for in the contract.
(5) The joint promisor who fulfills the obligation shall be
entitled to recover damages or loss on a pro rata basis from the
other joint promisors, in consideration for the default of any other
joint promisor in the fulfillment of the obligation under sub-section
(4).
(6) Even if one party releases one joint promisor of the
other party to the contract concluded pursuant to in sub-section (4)
from the obligation on his or her part, such release shall not
discharge the other joint promisors from the obligation under that
contract.