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Choice of law regarding the voluntary assignment of contractual obligations under the Rome I regulation

Hartley, Trevor C. (2011) Choice of law regarding the voluntary assignment of contractual obligations under the Rome I regulation. International and Comparative Law Quarterly, 60 (1). pp. 29-56. ISSN 0020-5893

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Abstract

The voluntary assignment of contractual (and non-contractual) obligations in conflict of laws is governed by article 14 of the Rome I Regulation. Under this, the validity of the assignment as between the assignor and assignee is governed by the law applicable to the contract between them (paragraph 1 of article 14). On the other hand, the assignability of the claim and the relationship between the debtor and the assignee are governed by the law applicable to the obligation assigned (paragraph 2 of article 14). Certain issues are, however, outside the scope of article 14 as it stands at present. These are the question of priorities between competing assignments (if the same obligation is assigned twice to different assignees) and the rights of third parties (mainly creditors of the assignor). This article examines the precise scope of the two existing paragraphs and considers the arguments that might be relevant in deciding what law should govern the issues at present not covered by either paragraph, a question that has become more pressing in view of the fact that negotiations will soon begin on a possible amendment of article 14 to deal with it.

Item Type: Article
Official URL: http://journals.cambridge.org/action/displayIssue?...
Additional Information: © 2011 British Institute of International and Comparative Law
Library of Congress subject classification: K Law > K Law (General)
Sets: Departments > Law
Rights: http://www.lse.ac.uk/library/usingTheLibrary/academicSupport/OA/depositYourResearch.aspx
Date Deposited: 26 May 2011 13:54
URL: http://eprints.lse.ac.uk/36166/

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