Article 306: Assignment of claim, written form

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 3033/2550 (2007)

   A notice of assignment under section 306 must sufficiently identify the specific debt transferred; a general blanket description covering a pool of debts does not satisfy the requirement.

   The plaintiff claimed as assignee of a loan receivable from bank D. The written notice of assignment (exhibit J7) described the transferred debts only in general terms referencing a bundle of credit and security agreements without identifying the specific debt in question. The Court held the notice was insufficiently specific to satisfy section 306 and the assignment could not be enforced against the defendant.

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2. Arrêt de la Cour suprême n° 4872/2550 (2007)

   Once written assignment and written notice to the debtor are completed under section 306(1), the assignor loses all right to receive payment; any execution by the assignor's other creditors against that receivable must fail.

   The defendant assigned its right to receive money under a court-approved settlement to company T, which then sent written notice of the assignment to the obligor. The Court confirmed the assignment was perfected under section 306(1): from that point the defendant (assignor) had no right to receive payment and the plaintiff (who sought to intercept the money by execution) had no basis to do so.

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3. Arrêt de la Cour suprême n° 1840/2547 (2004)

   A conditional notice of future-debt assignment is effective only when the specified condition (notation on each invoice) is fulfilled for each individual debt.

   Company P notified the defendant of an assignment of trade receivables, including future debts, but conditioned notice on the assignor noting the transfer on each invoice. The Court held this was not a blanket notice of all future receivables but a case-by-case notice: each assignment would only be effective against the debtor once the specific invoice bearing the transfer notation was issued and delivered.

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Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.