ASSIGNMENT OF RIGHTS IN RELATION TO OTHER LEGAL PROCESS TRIANGULAR Cover Image
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CESIUNEA DE CREANŢĂ ÎN RAPORT CU ALTE OPERAŢIUNI JURIDICE TRIUNGHIULARE
ASSIGNMENT OF RIGHTS IN RELATION TO OTHER LEGAL PROCESS TRIANGULAR

Author(s): Laura Retegan
Subject(s): Law, Constitution, Jurisprudence
Published by: Studia Universitatis Babes-Bolyai
Keywords: assignment of rights; subrogation; transfer of obligations; assignment of contracts; novation

Summary/Abstract: The assignment of rights is a bilateral contract, but its specific effect occurs beyond the assignor and the assignee, namely in relation to the debtor which, from the moment when the applicability formalities have been completed, has to fulfill its obligation towards the assignee. Thus, the assignment of rights is included in the category of legal triangular operations. In time, the assignment of rights has acquired autonomy, distinguishing from other legal mechanisms by which the dynamics of the obligation are achieved and whose common denominator is that they establish relations among three parties. This is the case especially with the subrogation to the creditor’s rights, the transfer of obligations, the assignment of contracts and the novation by the creditor’s change.

  • Issue Year: 54/2009
  • Issue No: 3
  • Page Range: 3-28
  • Page Count: 26
  • Language: Romanian