Assignment of Claims by Operation of Law in European Private Law: Two Specific Questions

This presentation provides a critical analysis and assessment of two questions relating to the assignment of claims by operation of law (e.g. in instances where a claimant who discharges another's debt paying the creditor is subrogated to the creditor’s rights against the debtor), namely: (1) whether subrogation should work with or without any precedence of the creditor in the case of part performance, and (ii) whether a notice of subrogation to the debtor or the debtor’s knowledge of the subrogation is necessary or sufficient to subject the debtor to the subrogation. The path of each of these questions is followed through the various national instruments; and an attempt will be made to assess their specific profile by drawing attention to the comparative perspective. Inspiration is gained, in particular, from German, French and Greek law and from the model rules of European contract law.

A sandwich lunch will be available from 12.30. The meeting will begin at 1pm.