| Abstract [eng] |
Master’s final paper is devoted to assignment of claims theoretical and practical problems. The assignment of rights is becoming more and more popular in economic relations. 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 claim, points out the main problems arising in the field of conception of this institute and approaches to the pecularities of the legal position of persons in obligation. The assignment of right is intangible property, which are 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 claims institute became very popular in last to decades, in bank activities, and in this paper the author is analyzing the securitization as a legal form of assignment. There is no commom act between European countries which regulates the assignment of right. The assignment of claim is regulated in Roma Convention, Unodriot act and other. |
