Selected Cases by Article & Issues
Article 9.1.91 Cases
(1) The assignment of a right to the payment of a monetary sum is effective notwithstanding an agreement between the assignor and the obligor limiting or prohibiting such an assignment. However, the assignor may be liable to the obligor for breach of contract.
(2) The assignment of a right to other performance is ineffective if it is contrary to an agreement between the assignor and the obligor limiting or prohibiting the assignment. Nevertheless, the assignment is effective if the assignee, at the time of the assignment, neither knew nor ought to have known of the agreement. The assignor may then be liable to the obligor for breach of contract.
(2) The assignment of a right to other performance is ineffective if it is contrary to an agreement between the assignor and the obligor limiting or prohibiting the assignment. Nevertheless, the assignment is effective if the assignee, at the time of the assignment, neither knew nor ought to have known of the agreement. The assignor may then be liable to the obligor for breach of contract.
| Number | Issue | # Cases | |||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|
| 1 | Assignment against clauses limiting or prohibiting it | 1 | |||||||||
| 1.1 | In case of monetary rights | 1 | |||||||||
| |||||||||||
| 1.1.1 | Assignment fully effective | 1 | |||||||||
| 1.1.1.1 | Assignor liable for breach of contract | 1 | |||||||||
| 1.2 | In case of non-monetary rights | 0 | |||||||||
| 1.2.1 | Assignment not effective | 0 | |||||||||
| 1.2.2 | Assignment effective if assignee did not know or ought not to have known of non-assignment clause | 0 | |||||||||
| 1.2.2.1 | Assignor liable for breach of contract | 0 | |||||||||
| 2 | Assignor liable towards assignee (see art. 9.1.15(b)) | 0 | |||||||||
Total Cases in the database 1528