Protesting the transfer of rights contract against the debtor and third parties

Abstract

Abstract

The transfer of a right is a contract through which a person who is a creditor in an obligation transfers their right to another person who becomes the new creditor of that obligation. The transferred right is referred to as the “assigned right,” the money to be collected as “the object of the right,” and the third person to whom this obligation is directed as “the debtor” or “the obligor.”

Since the assignment of a right is considered a contract, it must meet the general contractual conditions outlined in civil law, as stipulated by the Federal Civil Transactions Law No. (5) of 1985. This type of contract is regulated independently of other types of contracts. Several pieces of legislation have introduced specific provisions regarding the assignment of rights, given its importance in reinforcing trust between contracting parties and facilitating transactions and their stability.

Additionally, an assignment of a right is not effective against the debtor (the obligor) and others unless the conditions of its validity are met, including the consent and acknowledgment of the debtor. The debtor must be notified of the assignment either through an official notice or by being included in a formal record per the ........