| Abstract [eng] |
Master’s final paper is devoted to assignment of right theoretical and practical problems. The assignment of rights is becoming more and more popular in economic relations. The institute of assignmant of right is rapidly expanding in economic relations. The institute has characteristics of obligation law and law in rem In Lithuanian law there are three institutes of change of people in an obligation: the assignment of claim, novation and subrogation. The assignment of claims (latin cession) encompasses the transfer of rights held by one party, the assignor-to another party- the assignee. First of all the author puts through the review of the historical development of the institute of cession from Roman law to foreign countries such as England, French, German and others, then researches the institutes of the assignment of rights, points out the main problems arising in the field of conception of this institute and approaches to the peculiarities of the legal position of persons in obligation. The assignment of right is intangible property, which is not susceptible to physical loss, damage and deterioration, they can be transferred from one country to another at the press of a button. The development of assignment has not only occurred on a national level, it spread between foreign countries. The assignment of rights institute became very popular in last decades. Also the author analyses the assignment of mortgage claims and is made decision, that mortgage can not be assigned without creditor claims. |
