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Article 2373-1 of the French Civil Code

The secured claims and the assigned claims are designated in the deed. If they are future, the deed must allow them to be individualised or contain elements allowing this such as the indication of the debtor, the place of payment, the amount of the claims or their valuation and, if applicable, their due date.

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Article 2373-2 of the French Civil Code

Sums paid to the assignee in respect of the assigned claim shall be set off against the secured claim when due. If this is not the case, the assignee retains them under the conditions set out in articles 2374-3 to 2374-6.

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Article 2374-1 of the French Civil Code

On pain of nullity, the assignment must be made in writing. This writing shall include the designation of the secured claims. If they are future, the deed must allow them to be individualised or contain elements allowing this such as the indication of the debtor, the place of payment, the amount of the claims or their valuation and, if applicable, their due date.

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Article 2374-4 of the French Civil Code

Where the assignee does not have free disposal of the sum assigned, the fruits and interest produced by it increase the basis of the guarantee, unless otherwise agreed. Where the assignee has free disposal of the sum assigned, interest may be agreed for the benefit of the assignor.

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Article 2374-5 of the French Civil Code

In the event of default by the debtor, the assignee may set off the amount of the sum assigned, plus any fruits and interest, against the secured claim. Where appropriate, the assignee returns the excess to the assignor.

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