Assignment (Switzerland)

from Wikipedia, the free encyclopedia

Assignment (also assignment from the Latin cessio ) is in Swiss civil law the legal definition in Art. 164, para. 1 OR transmitting a request from the transmitting creditor ( assignor ) to a receiving creditor ( assignee is), then new creditors. The assignment takes place by means of a written contract between the assignor and the assignee.

  • The contractual transfer of a claim from a creditor (assignor) to a new creditor (assignee) without the involvement of the debtor; Art. 164 para. 1 OR. An assignment consists of the obligation contract and the contract of disposal. The obligatory transaction (pactum de cedendo) can be concluded informally, unless the basic transaction is subject to legal formal requirements (e.g. promise of donation) and does not require the consent of the debtor concerned. The disposal transaction, on the other hand, depends on the cedant's power of disposal, compliance with the formal requirements (written form), assignability of the claims and the determinability of the claims. The assignment is abstract, which means that the disposition transaction is independent of the obligation transaction. In contrast, the transfer of paper ownership is causal, i.e. the transfer requires a flawless commitment.
  • That part of an insured risk that the primary insurer passes on to the reinsurer.
  • In Swiss bankruptcy law, there is an assignment of legal claims according to Art. 260 SchKG . This gives the assignee only the right to conduct litigation. The claims to be assigned within the meaning of Art. 260 SchKG must belong to the bankruptcy estate . The "assignment" according to Art. 260 DEBA is not an assignment within the meaning of Art. 164 ff. OR.
  • Silent assignment: the debtor will not be notified of the assignment. There is often a silent assignment if the new creditor is a bank.
  • Wage assignments are null and void according to Art. 325 Para.

See also

Web links

Wiktionary: Assignment  - explanations of meanings, word origins, synonyms, translations

Individual evidence

  1. ^ David Schneeberger; Assignment under Swiss law . Retrieved November 25, 2015.
  2. ↑ a b c Metzger, Swiss legal dictionary
  3. ↑ BGE 132 III 342, 345; Hunziker / Pellascio, p. 247
  4. ↑ Hunziker / Pellascio, p. 245