2015

The existence and extend of the guarantee obligation in case of assignment of rights - Diaconu Elena
Summary: In the assignment of rights contract, a cession of rights from the transferor to the assignee takes place, and the new creditor of the „given up” debtor becomes the assignee. The effects of this operation between  the contracting parties occur from the date of conclusion of the agreement, without other formalities. Another  important effect is the obligation of guarantee, established in transferor’s task, whose existence and extend depends on the purpose and object of assignment/cession of rights. This cast is judiciously regulated under the Romanian Law, without prejudice the freedom of contract. Nonetheless, the parties are not precluded from and may stipulate certain exacerbation and/or limitation clauses regarding the guarantee obligation, they may choose another moment for the transfer of rights, so that the contract can duly express their true intention, will and needs.

Key-words: the assignment of rights, obligation of guarantee, future rights, rights affected by modalities, suspensive condition.

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