Validity of the Agreements Concerning Transferability of the Obligatory Right and Its Prohibition

It is a general trend in the legislation of civil law in all the countries and regions of the world to encourage transferability of the obligatory right By using the method of comparison, this paper analyzes the defects of Article 79 of Contract Law and suggests following the Japanese legislation and that of our Taiwan Province to make some modifications in which to insert: “The agreement of the parties concerning the prohibition of transferability shall not go against the third person with good faith.”