SHS Web Conf.
Volume 40, 20186th International Interdisciplinary Scientific Conference SOCIETY. HEALTH. WELFARE
|Number of page(s)
|31 January 2018
Lapse of rights connected with assignment of legal claims, problematic issues and their solution
The University of Economics and Culture, Riga, Latvia
Impact of transfer of legal claim on the destiny of rights security and connected claims may differ. The aim of the article is to analyze the transfer of rights connected with transferred legal claims, to survey the problematic issues and to suggest methods of their solution. The author analyzes legal norms, judicial practice of Germany, Switzerland, Russia and Latvia, as well as opinions of law scientists about transfer of guarantee, lien, penalty, interest, losses compensation and agreement of court of arbitration in connection with assigned legal claims. The author offers her own point of view regarding the issue and suggestions on amendments in the legal acts.
Key words: cession / guarantee / pledge / penalty / interest
© The Authors, published by EDP Sciences, 2018
This is an Open Access article distributed under the terms of the Creative Commons Attribution License 4.0, which permits unrestricted use, distribution, and reproduction in any medium, provided the original work is properly cited. (http://creativecommons.org/licenses/by/4.0/).
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