Issues Concerning the Contractual Prohibition of Assignment Cover Image

По някои въпроси на договорната непрехвърлимост на вземанията
Issues Concerning the Contractual Prohibition of Assignment

Author(s): Dimitar Stoyanov
Subject(s): Law, Constitution, Jurisprudence, Commercial Law
Published by: Нов български университет
Keywords: Anti-assignment clause; Contractual prohibition on assignment; Assignment; Law of Obligations

Summary/Abstract: This article deals with the notion and effect of the antiassignment clause. It emphasizes upon its contractual nature and analyzes its structural elements. Moreover, the article studies the effect of rendering a receivable as nontransferable as a result of parties’ volition. As far as the legal consequences of including an anti-assignment clause into a contract are concerned, the three major types of theoretical approach, known to Bulgarian legal doctrine, are put to critical observation. The article concludes with a proposition to adopt a legal effect, based upon the good faith of the assignee.

  • Issue Year: 6/2017
  • Issue No: 7
  • Page Range: 395-401
  • Page Count: 8
  • Language: Bulgarian