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National Repository of Grey Literature 1 records found  Search took 0.00 seconds. 
Assignment of recievables contrary to the contractual prohibition
 Balliu, Arbër ; Elischer, David (advisor) ; Frinta, Ondřej (referee)
Assignment of receivable in breach of the anti-assignment clause Abstract The goal of this rigorous thesis entitled "Assignment of receivable in breach of the anti-assignment clause" is to answer several key questions relating to the effects and consequences of breaching the anti-assignment clause under the current Czech law. In particular, it is examining the effects of the agreed anti-assignment clause under the current Czech law, i.e. whether it has erga omnes or merely inter partes effects. Furthermore, it is analyzing the consequences of breaching the anti-assignment clause under the current Czech law and whether the current Czech law allows differentiation of the consequences according to the circumstances of the case. This rigorous thesis seeks to answer all these controversial questions. In search for the answers, this work deals with a number of opinions already expressed in professional circles, as well as with some foreign theories. The first chapter is devoted to a historical analysis of the development of understanding of the receivable and its transferability, with an emphasis on Roman law. First, the nature of the receivable and the possibility of disposition with a receivable from Roman law to modern private-law codification are examined. This is particularly important for dealing with...
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