Κατεύθυνση Ιδιωτικό Διεθνές Δίκαιο και Δίκαιο Διεθνών Συναλλαγών
Library of the School of Law

2022-01-20

2022

Kaloutsa Konstantina

Χρυσαφώ Τσούκα, Αναπληρώτρια Καθηγήτρια, Νομική Σχολή, Εθνικό και Καποδιστριακό Πανεπιστήμιο Αθηνών

Η εκχώρηση απαιτήσεων από τη σκοπιά του Ιδιωτικού Διεθνούς Δικαίου και ιδίως η Πρόταση Κανονισμού [COM 2018/096] για το εφαρμοστέο δίκαιο στα έναντι τρίτων αποτελέσματα

Greek

Assignment of claims from the perspective of private international law and especially the Proposal for a Regulation [COM/2018/096] on the law applicable to the third-party effects of assignments of claims

This thesis examines the institution of assignment of claims in the context of private international law as well as the Proposal for a Regulation [COM 2018/096] on the law applicable to the third-party effects of assignments of claims. The thesis is divided into two parts. The first part deals with the systematic presentation of the institution of assignment (concept, distinction from related institutions, historical background, significance) and the sources of its regulation in the field of private international law with emphasis on Regulation (EC) No. 593/2008 (Rome I), (Article 14). A brief reference to the regime in force in Greece before the Rome Convention of 19 June 1980 on the law applicable to contractual obligations and Regulation Rome I is also made. In the second part, an attempt is made to approach a more specific issue of the assignment in the context of private international law, i.e. the applicable law to the third-party effects of the assignment. It should be noted that both Rome Convention and its successor, Rome I Regulation, do not have a conflict-of-laws rule about the issue. Therefore, firstly, it is presented the treatment of the gap by the case-law of different Member States, its confirmation by the case-law of CJEU, while solutions for the filling of the gap in Greece are also proposed. Secondly, the Proposal for a Regulation [COM 2018/096] is elaborated. The solution followed in the Proposal is: the provision of a general rule, which is based on the connecting factor of the habitual residence of the assignor. The provision of certain exceptions to the general rule, which will be governed by the law of the assigned claim. And the provision of a limited choice-of-law-rule in specific cases, such as securitizations. It is generally estimated that the adoption of the Proposal for a Regulation on the law applicable to the third-party effects of assignments of claims will give a new impetus for the further development of certain markets, such as factoring or securitization of receivables, resulting in the further strengthening of the common EU market.

Law and Legislation

Private international law

assignment of claims, applicable law, private international law, Regulation 593/2008 (Rome I), contracts

No

0

No

49

77

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https://pergamos.lib.uoa.gr/uoa/dl/object/2971386