Cesiunea voluntară în dreptul internaţional privat
Voluntary assignment in the international private law

Summary/Abstract: This study aims to provide an in-depth review of voluntary assignments from the standpoint of private international law. The study commences with observations on modernity, its features and core elements in today’s globalized world, and in the backdrop the role of assignments. In addition, Rome I Regulation is scrutinized in terms of its enforcement over time. Article 14 of the Regulation, focusing on voluntary assignments and personal subrogation is comparatively reviewed in contrast with the relevant provisions under article 12 of the Rome Convention 1980. The study contains wide ranging comments on the scope of application of article 14 of Rome I Regulations, the author leaning to a more liberal standpoint, a wider interpretation of article 14, making of such regulation a common law of assignments, regardless of the origin of the assigned claim, irrespective of the nature and onerous non-onerous character of the assignment, also applicable in the case of complex transactions, such as factoring, all the more so that in connection to other instruments (such as Rome II Regulation, for instance) one cannot find a provision on assignment. We should therefore, distinguish between the contractual or non-contractual character of the source of the claim that is subject to assignment, on one side, and the contractual or non-contractual character of the assignment itself, on the other side. If, in regard to the first aspect, it is irrelevant whether the right or claim is born or not out of a contractual relationship, in exchange, from the standpoint of the nature of the instrument that the assignment from assignor to assignee is concerned, this must be a contractual one to warrant application of article 14 of the Regulation. Therefore, the provisions of the Regulation will also apply to assignments of claims originating in civil offences, deriving from unjust enrichment or mismanagement. What counts is that the underlying assignment have a contractual nature, and not necessarily be the source generating the claim. Therefore, this article does not cover unilateral assignments or the involuntary ones. In addition, it is irrelevant whether the claim is assigned free of charge or for consideration, though the typical form that is considered is that of onerous assignments.

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