The same problem arises in the case of the transfer of contract. The Civil Code regulates the transfer of contract as a tripartite contract,1 but, like the assumption of debts, it allows the party remaining in the contract to make a declaration in advance. In this case, the transfer becomes effective upon notification of the party remaining in the contract.2 Since the contractual position, similarly to debts is not an asset,3 it cannot be transferred. In order for the party leaving the contract to be released from the contract and the party entering the contract to become party to the contract, the cooperation of the party remaining in the contract is required. This cannot be assessed in any other way than by concluding that the party leaving the contract is not free to dispose of the indirect object of the transaction, i.e. the contractual position. The absence of a right of disposal precludes the contractual position from being the object of a transfer transaction. The rule which defines the transfer of contract as a tripartite contract, therefore, supports the interpretation that the transfer of contract is not a transfer in a legal sense.