Change of Persons in an Obligation (Some Theoretical and Practical Aspects)
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Abstract
The institutes of a change of persons in an obligation are of grate significance in the civil law today. Therefore, accurate interpretation and application of the relevant provisions of the new Civil Code is of great importance. The article presents an analysis of theoretical and practical aspects of the assignment of claims (cessio), delegation of debts (cessio debetis), factoring contract and subrogation, their similarities and differences as well as the existing court practice in respect of these institutes. The analysis presents reasons why an assignment of claims should not be considered an abstract contract. Particular attention is given to the factoring contract, which is new in the Civil Code of the Republic of Lithuania.
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Section
Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.