Selected Cases by Article & Issues
Article 9.1.131 Cases
(1) The obligor may assert against the assignee all defences that the obligor could assert against the assignor.
(2) The obligor may exercise against the assignee any right of set-off available to the obligor against the assignor up to the time notice of assignment was received.
Number | Issue | # Cases |
---|---|---|
1 | Obligor entitled to assert against assignee all defences it has against assignor | |
1.1 | Assignor liable towards assignee (see art. 9.1.15(d)) | |
2 | Set-off available only if requirements were met at time of notice of assignment (see art. 8.1) | 1 |
2.1 | Assignor liable towards assignee (see art. 9.1.15(e)) |