Lapse of rights connected with assignment of legal claims, problematic issues and their solution

Impact of transfer of legal claim on the destiny of rights security and connected claims may differ. The aim of the article is to analyze the transfer of rights connected with transferred legal claims, to survey the problematic issues and to suggest methods of their solution. The author analyzes leg...

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Bibliographic Details
Main Author: Nemenova V.
Format: Article
Language:English
Published: EDP Sciences 2018-01-01
Series:SHS Web of Conferences
Subjects:
Online Access:https://doi.org/10.1051/shsconf/20184001009
Description
Summary:Impact of transfer of legal claim on the destiny of rights security and connected claims may differ. The aim of the article is to analyze the transfer of rights connected with transferred legal claims, to survey the problematic issues and to suggest methods of their solution. The author analyzes legal norms, judicial practice of Germany, Switzerland, Russia and Latvia, as well as opinions of law scientists about transfer of guarantee, lien, penalty, interest, losses compensation and agreement of court of arbitration in connection with assigned legal claims. The author offers her own point of view regarding the issue and suggestions on amendments in the legal acts.
ISSN:2261-2424