Prawo właściwe do oceny skuteczności przelewu wierzytelności wobec dłużnika. Glosa do wyroku Sądu Apelacyjnego w Poznaniu z dnia 10 stycznia 2006 r. (
Law applicable for the question of effectiveness of the assignment against debtor. Gloss to the judgment of the Court of Appeal in Poznań of 10th Janu

Summary/Abstract: The gloss describes the question of effectiveness of the assignment against the debtor on the background of Polish private international law. Polish act on private international law of 1965 did not contained a conflict-of-law rule on voluntary assignment. The Court of Appeal in Poznań has included the question of effectiveness of the assignment to another issue, i.e. the transfer of claim, whereas art. 12 (2) of the Rome Convention, similar to art. 14 (2) Rome I Regulation’s rule, distinguishes one question from another. Article 12 (2) of Rome Convention provided: „the law governing the right to which the assignment relates shall determine its assignability, the relationship between the assignee and the debtor, conditions under which the assignment can be invoked against the debtor and any question whether the debtor’s obligations have been discharged”. In those situations it is obvious, that such the issue is not synonymous with the transfer of claim and the question of effectiveness of the assignment against the debtor could be governed by different law.

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