Chapter VIII: Transfer of certain intangible rights, successive rights and rights in dispute

In the conveyance of a right or action against a third party, delivery takes place between the assignor and the assignee by delivery of the title. .

The assignee is seized as against third parties only by service of the conveyance made on the debtor. Nevertheless, the assignee may also be seized by acceptance of the conveyance made by the debtor in an authentic instrument.

If, before the assignor or assignee had served the conveyance on the debtor, the latter had paid the assignor, he shall be validly discharged.

He who sells an intangible right must guarantee its existence at the time of conveyance, even though it is made without guarantee. .

Any person who sells an estate without specifying the objects in detail is only required to warrant his capacity as heir.

If he had already benefited from the fruits of any funds, or received the amount of any claim belonging to that estate, or sold any effects of the estate, he is bound to repay them to the purchaser, if he has not expressly reserved them at the time of the sale.

The purchaser, for his part, must reimburse the seller for what the latter has paid for the debts and charges of the estate, and make good to him all that he was credited with, if there is no stipulation to the contrary.

The person against whom a disputed right has been assigned may be held harmless for it by the assignee, by reimbursing him for the actual price of the assignment together with expenses and fair costs, and with interest from the day on which the assignee has paid the price of the assignment made to him.

A thing is deemed to be litigious as soon as there is a trial and dispute on the merits of the right.

The provision set out in Article 1699 ceases: 1° Where the assignment has been made to a co-heir or co-owner of the right assigned; 2° Where it has been made to a creditor in payment of what is owed to him; 3° Where it has been made to the possessor of the inheritance subject to the disputed right.