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Position of the Assignor in the Cession

Abedin Bikić
2015 Drustveni ogledi  
Ključne riječi: Cesija, cedent, cesionar, cesus, zaštita savjesnog dužnika, predmet ustupanja, zabrana ustupanja, sporedna prava, prigovori dužnika zbog neobavještenja o cesiji, višestruko ustupanje, prebijanje potraživanja (kompenzacija), objektivni i subjektivni prigovori. JEL klasifikacija: K12 http://dx.Abstract: Cession is a contract between assignor and assignee by whom assignor cede its demands towards debtor (cesus). In cession, debtor is not a party, so it is necessary enable it legal
more » ... ry enable it legal protection. Ours, German and Austrian law protects conscientious debtors by enabling it to state certain objection. Namely, if the debtor has not been informed about the assignment he has no information about the new creditor, and if he fulfilled obligation towards asignee afterwards, he can state an abjection that he had already fulfill obligations towards the creditor for whom he had known that he was its creditor. Similarly, in case of multiple cessions, debtor can state a claim that he had fulfilled obligation towards the creditor for whom he had known that it was his creditor. Except mentioned objections to the debtor are all other objective or subjective objections intended to protect it stance, which is primarily related to the right for offsetting for ceded claims. The provisions of the Act relating to the protection of the debtor are dispositive nature of the debtor and its about it whether you will invite them or not.
doi:10.14706/do15213 fatcat:tpkzskv4snd2xoppksonf3qo34