OТГОВОРНОСТТА ПО ЧЛ. 21, АЛ. 2 ЗЗД – ЕФЕКТИВЕН СПОСОБ ЗА ЗАЩИТА НА ДЛЪЖНИКА ПРИ PACTUM DE NON CEDENDO?
THE TORT LIABILITY OF ART. 21, PARA. 2 OF THE LAW OF OBLIGATIONS AND CONTRACTS -AN EFFICIENT MEANS TO PROTECT THE DEBTOR IN NON-ASSIGNMENT CLAUSES?

Summary/Abstract: The present research is devoted to tortious interference with contracts, laid down in art. 21, para. 2 of the Bulgarian Law of Obligations and Contracts. The author attempts to assess critically whether this particular tort is applicable in case of a breach of an anti-assignment clause. More specifically, the present research argues whether it is possible for the debtor to bring an action vis-à-vis the assignee (or any other third person) who knowingly induces the creditor to transfer their receivable at variance with the obligation to refrain from assigning the receivable. The comparative overview reveals that, while nominally possible, this action is not the most adequate means of legal protection that can be attributed to the consumer in case of a breach of an anti-assignment clause.

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