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| Cross-border assignments : legal and commercial setting | |
| Overview of the present situation | p. 1 |
| Hybrid nature of assignment | p. 2 |
| A conflict rule suitable for receivables as marketable assets | p. 4 |
| Article 12 of the Rome Convention | |
| Article 13 of the Rome I proposal | p. 17 |
| Party autonomy | |
| Advantages of party autonomy | p. 21 |
| Party autonomy and property law | p. 22 |
| Choice-of-law with external effect in European private international law | p. 27 |
| Limitations on party autonomy | p. 31 |
| Competing assignments | p. 32 |
| Law applicable in the absence of choice | |
| An objective conflict rule for assignment | p. 37 |
| The law of the assigned debtor's residence | p. 37 |
| The proper law of the contract to assign | p. 41 |
| The proper law of the assigned receivables | p. 43 |
| Final assessment | p. 48 |
| Article 145(1) of the Swiss Private International Law Act (IPRG) | p. 49 |
| Law of the assignor's residence | |
| Introduction : article 13(3) RIP | p. 53 |
| Bulk assignments and assignments of future receivables | p. 53 |
| The interests of the assignor's other creditors : registration | p. 55 |
| The interests of the assignor's other creditors : notification | p. 57 |
| Conflict rule is unjustly one-sided | p. 59 |
| The United Nations Convention on the Assignment of Receivables in International Trade | p. 60 |
| Static approach to a dynamic institution | p. 62 |
| Continuance of business practices | p. 65 |
| The fundamental freedoms of the EC-Treaty | p. 67 |
| Registration | |
| A special conflict rule for public filing systems? | |
| Proposal for a Regulation on the law applicable to contractual obligations | |
| Authors' Proposal for Assignment Conflict Rule | |
| United Nations Convention on the Assignment of Receivables in International Trade | |
| Principles or European Contract Law, Chapter 11, Assignment of Claims | |
| Table of Contents provided by Blackwell. All Rights Reserved. |
