Partial Transfer of Claim - Opportunity for Improper Benefit? Cover Image
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Частичното цедиране на вземане - възможност за неправомерно облагодетелстване?
Partial Transfer of Claim - Opportunity for Improper Benefit?

Author(s): Gabriela Raynova
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Commercial Law
Published by: Пловдивски университет »Паисий Хилендарски«
Keywords: cessio; partial transfer of claim; assignment of claim; improper benefit; expenses; vicious practice

Summary/Abstract: The article is dedicated to the analysis of a vicious practice. The main problem is the partial transfer of claim – a legal possibility, but it has become an instrument for improper benefit with expenses in cases. A comparative legal analysis has been made of the cases in which illegal benefit is observed through the use of the legal cession of claims. The result is an unfair increase in the economic sphere of some people at the expense of others. In the course of the development, several solutions will be proposed - nullity due to violation of morals; due to circumvention of the law; contradiction with the law; etc. The significance of this topic is determined by the fact of contradictory case law so far.

  • Issue Year: 2021
  • Issue No: 1
  • Page Range: 91-102
  • Page Count: 12
  • Language: Bulgarian