Assignment Agreement Spanish
„Therefore, there is no legal prohibition of the transfer, because we are not dealing with a non-transferable or absolute right in its nature, so there is no opposition to the assignment of debts. In short, the derogation from the portability of the receivables does not apply, i.e. (i)) the specificity of the credit in question, either because the lender determines the characteristics of the provision or because it is, for example, an ancillary right to another principal loan, the former of which cannot be separated; (ii) the existence of a contractual prohibition (non-cedendo pactum); or (iii) a legal prohibition. 2.2. The position widely defended by the courts is opposed to the exception of the absence of active legal status in order to understand that the transfer of the right of appeal is valid. In general, such judgments defend the absence of effective assignment of debts in cases where there is a document authorizing a third party to assert rights on behalf of the consumer. Judgment of 7 February 2018 of the Commercial Court No. 1 of Santander (Cendoj: 39075470012018100003) explains this case as follows: the surrender of a right to require a third party to manage this right on the basis of its own name and risk is in fact an assignment of debts from section 1112 CC and as such, limits (law) ( The evolution of Article 1112 cc above and , as part of the „Sell and Purchase” chapter, the civil code governs the transfer of receivables to Articles 1526 and subsequent articles. Such an investment in the legal text has led the jurisprudence to clarify that this is not a sale per se, but the assignment may find its case in the sale and in all other legal disputes (Supreme Court decision of June 1, 2011). This provision provides for the assignment in the broadest sense of the term and provides only two exceptions to the free transfer of credit: (i) the law may provide for something else or (ii) unless otherwise agreed (pactum non cedendo, concept which we will deal with below). This is also confirmed by the judgment of the Court of Commerce No.
1 of San Sebastian on 19 December 2018, which stipulates that the transfer does not require any particular formalism. The assignment of receivables is a waste disposal operation that is aimed at the acquisition by the assignee. It is an inter-living transfer that serves an economic function of the movement of goods in the context of legal transactions. It is not really an abstract case, but the general cause, as we might say, of the transfer of the right of credit always requires a variable element that is the specific purpose or the transfer function on a case-by-case basis. We must recall that the Civil Code expressly authorizes the transfer of „doubtful debts” (s. 1529) or „disputed claims” (1535) with no more than the conditions mentioned above. The question here is how the case law provides for the transfer of the law. The Santander judge expressly excludes the collection administration as the admitted cause of the transfer, as it considers that such a transaction is inconsistent and does not imply an effective transfer of credit.