The Assignment of Secured Receivables in International Private Law
This article discusses the rules of the determination of the law applicable to receivables and their assignment in the light of the Rome I regulation on the law applicable to contractual obligations. It presents possible relationships between a claim as well as a claim transfer and legal ways of securing it formulating new conclusions. It makes an attempt to define the assignment of receivables and its consequences under international private law. The author mentions the possibility of the choice of law for contractual relationships that give rise to claims which are subject to assignment (assignee – debtor relationship). He also analyses the scope of the application of Article 14 of Rome I as regards a pledge on receivables. He discusses de lege ferenda postulates regarding the law applicable to the assignment of receivables. He indicates the law applicable to individual relationships resulting from the assignment (assignor – assignee, assignee – debtor and assignee – third persons other than a debtor) and the law applicable to the assignment effects in the case of the bankruptcy of the claim seller.
 Widlo.pdf | 369 kB |
