Opposability and Effects of Debt Assignment

Abstract

Nowadays, modern trends and the more frequent use of debt assignment have led, both in comparative law and in Romanian legislation, to a different approach to the assignment of receivables. We find this approach more fair and more accurate than that in the previous Romanian Civil Code, taking into consideration, on the one hand, the effect of assignment, namely the transfer of a right (the right to receivables) and not of a tangible asset, as well as, in fact, as shown above, debt assignment can be achieved (and could be achieved also under the old civil code) by means of other types of contracts, other than sale contracts, for example by means of donations.