UNIVERSITY „VITEZ“TRAVNIK

FACULTY OF LAW

ASSIGNMENT OF CLAIM (CESSION)

ESSAY

Subject: English Language

Professor: Vesna Biljaka

Student: Ismet Rešić

... 8 .CONTENT Changing of Entities in Obligations………………………………………………………… 3 Term of Cession ……………………………………………………………………………… 4 Subject of Cession ……………………………………………………………………. 5 Special Cases of Cession …………………………………………………………………….... 6 Conclusion …………………………………………………………………………………… 7 References …………………………………………………………………………………….

However. For this transfer of claims consent of debtor is required. and he cannot be sued. in the way that the new contract with the same content had been concluded between the new creditor and debtor. debtor (debtor cessus) could no longer validly pay the debt. . paid by the assigner. because of strictly personal character of obligation. Ius civilians did not allow a change of subjects in obligations. Post classical law adopted various regulations that sought to prevent speculative operations with cessions. also lex Anastasian provides that the assignee cannot charge from the debtor more than he is. Only in the classical law contract can determine the new creditor. while the old obligations would cease. used the novation and the possibility of representation in the dispute. But even in this case it is not to the transfer of claims. however the assignee must notify the debtor about the change. Parties. creditor (cessio) or debtor (expromissio). Next step towards the introduction of cession was representation in disputes. Change of creditors was first performed by novation. as well as the transfer of disputed debts (res litigiosae) were prohibited. but only with universal succession. The transfer of receivables from the (humiliores) to (potentiores). in order to come to the special institute which carried out the changes of person. who wanted to make transfer of claims or debts. as a compensation for ceded claims. After this notice (denuntiatio). legal remedies were found and change subjects in obligation. but the transfer of the lawsuit.INTRODUCTION CHANGE OF ENTITIES IN OBLIGATIONS Old Roman law did not recognize the transfer of liabilities by individual ways.

If assignor fulfills an obligation to the assignee based on their previous contractual relationship. judicial and contract cession. Judicial cession occurs in the proceedings. Legal cession occurs by performance of certain legally prescribed facts. but if the transferor gives assignee his claims. than it is (Donand causi).TERM OF CESSION Assignment of claims is a contract between the old and the new creditor where old creditor transmits cession to new creditor. To create contractual cession it is necessary to fulfill certain assumptions. then we have (solvendi causa). The debtor is (cesus). Claims become the property of the assignee by very act of signing the contract. It is necessary to conclude the contract between the assignor and the assignee. Contract on cession is consensual legal job. when the court seizure claims that the debtor has to the third parties and that claim is transferred to the creditor. Contract that cedes the claims is called cession. There are three types of cessions: legislative. Exception of rules that the cession is valid and without the consent of the debtor is in the case when the debtor and assignor previously agreed that the claim cannot be transferred without the debtor consent. Previous creditor is assignor and the new creditor assignee (receiver). .

or if they are not prohibited. where the creditor is (cesus). Ceding the complete position is not cession. not the assignee. General rules are applied for them. 2. and if the parties did not exclude that from the transfer. Judicial practice is of the view that the prospective debtor at the time of cession does not have to be known. Subject of cession may be: due and outstanding. Format of the contract – contract of cession is informal. Claims from double-compulsory contract – for two-sided mandatory contract.SUBJECT OF CESSION The subject of cession is a particular claim and not the entire contractual relationship. because the assignor is counterparty with which creditor concluded the job. and for not fulfilling the obligations to creditor. however it is ceding of contract. from which the claim is created. Assignment of future claims . or even future receivables. except that we cannot expect payment of future claims by debtor before they arrive. Partly transfer leading to more creditor. Exceptions are provided by ZOO. Consent of the parties is sufficient. 4. The sum of their claims is the original obligation. 3.the future claims can be waived if they are not exempted from the assignment. The exception is the case when the legal transaction requires a certain form. In principle it is possible to assign any claim. Ako se dužniku za ispunjenje obrati više povjerioca prioritet ima onaj koji se prvi obratio. Partial transfer – partial transfer is allowed if the claim is divisible. 1. . and their rights are not dependent from each other. Cession may be identified or identifiable. assignor is responsible. conditional.

2 Ceding for billing . where it appears as a creditor to a third party. Assignor settled its debt with another debt.Assignment for billing is a special case of cession. If the assignor fulfils his obligation. An assigned claim serves to assignee only to secure his claims against the ceding insurer. 3 Ceding due to security – serves as insurance of claims that the assignee has to the assigner on the legal grounds. This form is called datio in solutum. This obligation is extinguished only when the assignee reimbursed claims. The very act of assigning assignor existing obligations to the assignee does not change. The purpose of the assignment instead of fulfillment is to release the assignor of its obligations to the assignee. where the assignor gives its creditor some of its claims in order that the assignee reimbursed that from debtors. . and it became the case of private cession.SPECIAL CASES OF CESSION 1 Ceding instead of fulfillment . his assignee shall back cede claims.assignor instead of fulfilling its obligations to the creditor can assign its claims for the third party.

usually done by contract. Cession is concept in the field of banking.CONCLUSION Moreover. which represents ceding. from the above text. . but basically it can be law or judicial coercion. The subject of cession may be all the claims. but only creditor. Cession does not change the right or claim which is assigned. we can conclude that the cession is transfer of claims from the existing creditors on new creditors.

mandatory part 2.REFERENCES: 1. Contract Law . Roman Private Law.

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