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Publicitatea cesiunii de creanta
Advertising of the assignment of receivables

Author(s): Laura Retegan
Subject(s): Law, Constitution, Jurisprudence
Published by: Universul Juridic
Keywords: assignment of receivables; opposability; advertising; acceptance; notification; archive; third parties; assigned debtor

Summary/Abstract: The specific system of opposability organized by the Civil Code in relation to the assignment of receivables shows a surprising evolution in practice, which proves the need for its reformation and approach to the solution of the common law of contracts. The admission of equipollent forms of notification, respectively acceptance, in relation to the assigned debtor justifies the division of the qualification of the nature of forms prescribed by art. 1393 of the Civil Code, according to the third parties aimed at. Thus, while for the assigned debtor, they are a means of information, for other third parties concerned they fulfill a function of advertising. Using the extensive interpretation of the notion of fraud, corroborated with the identification of the area of third parties in relation to the assignment, under certain conditions, the mere knowledge by the assigned debtor has become more effective. The new Civil Code follows the trend of simplifying the formalities of assignment only as regards the assigned debtor, regulating mitigated means of notification and acceptance. On the contrary, in the relationships between the successive assignees of the same receivable, the registration in the archive is used no matter the situation, although this measure would rather apply to the assignment of receivable by way of security.

  • Issue Year: 2010
  • Issue No: 02
  • Page Range: 132-161
  • Page Count: 30
  • Language: Romanian