Open AccessLegal Regulation of Priority of Competing Claimants of Assigned Claim
Author(s) -
А.В. Прокофьев
Publication year - 2014
Publication title -
žurnal rossijskogo prava
Language(s) - English
Resource type - Journals
eISSN - 2500-4298
pISSN - 1605-6590
DOI - 10.12737/6007
Subject(s) - law , creditor , debtor , business , conflict of laws , doctrine , legislation , legal doctrine , insolvency , private law , choice of law , comparative law , political science , law and economics , economics , debt , finance
In the present article the author analyses an important aspect of conflict of laws regulation of the assignment, namely, competing claimants’ priorities and other relevant issues such as proprietary aspects of assignment. Competing claimants legal notion includes the following types of persons: creditors of the assignor, insolvency administrator and other assignees. All of them may make claims in the right assigned and thus imperil assignee’s rights. Existing legislation in the area of private international law and the assignment of claims as well as the legal positions in the case law and doctrine are examined in the article. Foreign experience regarding this choice of law problem is elucidated from the comparative law perspective: different approaches are distinguished and examined therein. There are four approaches based on different connecting factors: law of the assignment contract, law of the assigned claim, law of the assignor’s location, law of the debtor’s location. Author examines each of the approaches, their advantages and disadvantages and other legal implications.