Cesiunea de creanţă vs cesiunea de contract. Aspecte practice
Assignment of claim vs. assignment of contract. Practical aspects
Author(s): Emilia Mădulărescu, Cristina-Nicoleta IachimSubject(s): Law, Constitution, Jurisprudence, Civil Law
Published by: Universul Juridic
Keywords: assignment of claim; assignment of contract; notification of debtor; enforceable title;
Summary/Abstract: This article aims to differentiate between two different legal concepts, assignment of a claim and assignment of a contract. From the legislator's perspective, we find two different contracts with their own features and distinct subject matter. Judicial practice has given rise to controversy, primarily with regard to the assignment of a claim, as regards the requirement of prior notification of the debtor, the maintenance of the enforceability of the assigned contract or the establishment of the procedural framework. Assignment of the contract, on the other hand, gives the assigned debtor multiple actions to protect its interests
Journal: Revista română de drept comercial
- Issue Year: 2024
- Issue No: 01
- Page Range: 135-148
- Page Count: 14
- Language: Romanian
- Content File-PDF