Cesiunea de creanță în dreptul civil român și dreptul civil francez
The debt assignment in the French and Romanian civil law legislations

Summary/Abstract: The following article aims to present a comparative perspective on the legal mechanism of the debt assignment in the French and Romanian civil law. Convergent with an international movement of reform, both legislations offernew solutions concerning the debt assignment. We will analyse the definition, theobject, the parties, as well as the effects between parties and towards third parties. The two legislations align in most aspects, with the exception of the required formal conditions, which consequently differentiate their effects and the opposability of debt assignment. A more general, yet relevant distinction is made in the legislative approach. The Romanian law is more detailed, with a tendency to define multiple hypotheses, being thus more rigid than its French counterpart. The latter is characterized by its briefness, which leaves more space for interpretation in any given situation, therefore being more flexible and adaptable.

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