Opposability and Effects of Debt Assignment Cover Image

Opposability and Effects of Debt Assignment
Opposability and Effects of Debt Assignment

Author(s): Gabriel Tiţa-Nicolescu
Subject(s): Law, Constitution, Jurisprudence
Published by: Editura Universitatii Transilvania din Brasov
Keywords: debt assignment; assignment of contract; opposability of assignment; assigned debtor

Summary/Abstract: Nowadays, the modern trends and the more frequent use of debt assignment have led, both in comparative law and in the Romanian legislation, to a different approach on the assignment of receivables. We find this approach more fair and more accurate than that in the previous Romanian Civil Code, taking into consideration, on the one hand, the effect of assignment, namely the transfer of a right (the right to receivables) and not of a tangible asset, as well as, in fact, as shown above, debt assignment can be achieved (and could be achieved also under the old civil code) by means of other types of contracts, other than sale contracts, for example by means of donations.

  • Issue Year: 2014
  • Issue No: 1
  • Page Range: 181-190
  • Page Count: 10
  • Language: English