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Zum römischen Recht der Forderungsübertragung

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image of Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review

The Roman concept of assignment.–The functionality of the Roman concept of assignment is usually underestimated: although there was no real transfer of the creditor's right to the assignee, the authority to sue the debtor automatically granted to the assignee by virtue of the underlying contract provided for a similar result. It was irrevocable and exceeded the death of both the assignee and the assignor unless the latter died without heir. When suing the debtor, the assignee was not required to give a security assuring the debtor of not being sued again by the assignor. The assignee could also prevent performance to the assignor by making use of his collection authority and notifying the debtor of the assignment. This notification gave rise to a pactum which the debtor could oppose against the assignor's claim. Had the debtor not done so, the assignee could overcome the objection that performance was rendered to the assignor by way of an exceptio doli.

Affiliations: 1: Lehrstuhl für Bürgerliches Recht, Römisches Recht und Historische Rechtsvergleichung, Universirät Würzburg, Domerschulstraße 16, D-97070 Würzburg, Germany


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