Selected Cases by Article & Issues
Article 9.1.150 Cases
The assignor undertakes towards the assignee, except as otherwise disclosed to the assignee, that:
(a) the assigned right exists at the time of the assignment, unless the right is a future right;
(b) the assignor is entitled to assign the right;
(c) the right has not been previously assigned to another assignee, and it is free from any right or claim from a third party;
(d) the obligor does not have any defences;
(e) neither the obligor nor the assignor has given notice of set-off concerning the assigned right and will not give any such notice;
(f) the assignor will reimburse the assignee for any payment received from the obligor before notice of the assignment was given.
| Number | Issue | # Cases |
|---|---|---|
| 1 | Assignor’s undertakings towards assignee in general | |
| 1.1 | Existence of right | |
| 1.1.1 | Exception in case of future rights (see art. 9.1.5) | |
| 1.2 | Assignor entitled to assign right | |
| 1.3 | No previous assignment or third party rights | |
| 1.4 | No defences from obligor | |
| 1.5 | No notice of set-off by obligor or assignor | |
| 1.6 | Reimbursement of payments from obligor before notice of assignment | |
| 2 | Disclosure to assignee | |
| 2.1 | Right not in existence | |
| 2.2 | Assignor not entitled to assign right | |
| 2.3 | Previous assignment or third party rights | |
| 2.4 | Defences from obligor | |
| 2.5 | Notice of set-off by obligor or assignor |