Cesiunea de creanţă în locul executării. Neîndeplinirea condiţiilor privind validitatea contractului de cesiune

Assignment of receivable in lieu of forced enforcement. Non-compliance with the conditions for the validity of the assignment contract

Abstract

Assignment of a receivable is defined by Art 1566 para. (1) Civil Code, according to which: "(1) Assignment of a receivable is the agreement by which the assigning creditor transfers to the assignee a receivable against a third party".

The assignment of a receivable, like any contract, must meet the general conditions of validity of any contract, both the substantive conditions and some conditions specific to the legal transaction carried out by the parties through the assignment, such as: sale, donation, exchange etc.

The consent of the parties, i.e. the assignor and the assignee, is required for the contract to be valid. Under the current rules, the consent of the assigned debtor is not required for the validity of the assignment, as he...