Article 1322 of the French Civil Code
November 7, 2023
The assignment of a claim must be recorded in writing, failing which it will be null and void.
The assignment of a claim must be recorded in writing, failing which it will be null and void.
As between the parties, the transfer of the claim, present or future, takes place on the date of the deed. It may be relied on as against third parties from that moment. In the event of a dispute, proof of the date of the transfer lies with the assignee, who may prove it by any means. .
The assignment may only be set up against the debtor, if he has not already consented to it, if he has been notified of it or if he has taken note of it. The debtor may raise against the assignee the defences inherent in the debt, such as nullity, the defence of non-performance, resolution or set-off of related debts. He may also raise defences arising from his dealings with the…
A contest between successive assignees of a claim is resolved in favour of the first in date; he has recourse against the person to whom the debtor would have made a payment.
A person who assigns a claim for consideration guarantees the existence of the claim and its accessories, unless the assignee acquired it at his own risk or knew of the uncertain nature of the claim. He is liable for the debtor’s solvency only when he has undertaken to do so, and up to the amount of the price he was able to obtain from the assignment of his claim. Where…
A debtor may, with the agreement of the creditor, assign his debt. The assignment must be evidenced in writing, on pain of nullity.
If the creditor has agreed to the assignment in advance and has not intervened in it, he may only invoke it or rely on it from the day on which it was notified to him or as soon as he has taken note of it.
If the creditor expressly consents, the original debtor is discharged for the future. Failing this, and unless otherwise agreed, they are jointly and severally liable for payment of the debt.
The substituted debtor, and the original debtor if he remains liable, may raise against the creditor the defences inherent in the debt, such as nullity, the defence of non-performance, resolution or set-off of related debts. Each party may also raise exceptions that are personal to him.
Where the original debtor is not discharged by the creditor, the security interests survive. Otherwise, the securities granted by the original debtor or by third parties only survive with their agreement. If the assignor is discharged, his joint and several co-debtors remain liable after deducting their share of the debt.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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