Restricted Access
Get Access to Full Text
Rent on DeepDyve

Have an Access Token?



Enter your access token to activate and access content online.

Please login and go to your personal user account to enter your access token.



Help

Have Institutional Access?



Access content through your institution. Any other coaching guidance?



Connect

Abstract

The Roman concept of assignment.–The functionality of the Roman concept of assignment is usually underestimated: although there was no real transfer of the creditor's right to the assignee, the authority to sue the debtor automatically granted to the assignee by virtue of the underlying contract provided for a similar result. It was irrevocable and exceeded the death of both the assignee and the assignor unless the latter died without heir. When suing the debtor, the assignee was not required to give a security assuring the debtor of not being sued again by the assignor. The assignee could also prevent performance to the assignor by making use of his collection authority and notifying the debtor of the assignment. This notification gave rise to a pactum which the debtor could oppose against the assignor's claim. Had the debtor not done so, the assignee could overcome the objection that performance was rendered to the assignor by way of an exceptio doli.

Sections

Index Card

Content Metrics

Content Metrics

All Time Past Year Past 30 Days
Abstract Views 5 5 2
Full Text Views 3 3 3
PDF Downloads 2 2 2
EPUB Downloads 0 0 0