The Applicable Law for the Third-Party Effects of Assignment of Claim – the Approach of the United KingdomRok vydání: 2020
The European Commission proposed a new regulation related to the law applicable to third-party effects of the assignment of claims. By this regulation the European Commission is aiming at increasing cross-border transactions, investments and market integration. However, the proposal is facing negative positions of member states, especially the United Kingdom. Even though the United Kingdom will not be obliged to follow the rules from the proposal, because it will come into effect after the transition period ends, its approach on this matter will regulate the third party effects of the assignment of claims in case the of cross-border transactions between a person from a member state and from the United Kingdom. Taking into account the difference between the approaches of the European Union and the United Kingdom, persons involved may get into more legal uncertainty than before.
Assignment of Claims; Cross-border Transactions; Third Party; United Kingdom.
Country reports of the British Institute of International and Comparative Law. Study on the question of the effectiveness of an assignment or subrogation of a claim against third parties and the priority of the assigned or subrogated claim over a right of another person – final report. edz.bib.uni [online]. 2018 [cit. 10. 10. 2020]. Available at: http://edz.bib.uni-mannheim.de/daten/edz-k/gdj/12/report_assignment_en.pdf
GARCIMARTÍN ALFÉREZ, F. J. Assignment of claims in the Rome I Regulation: Article 14. In: FERRARI, F. and S. LEIBLE (eds.). Rome I Regulation: The Law Applicable to Contractual Obligations in Europe. Munich: European Law Publishers, 2009, pp. 217–249.
GOODE, R. The Assignment of Pure Intangibles in the Conflict of Laws. In: GULLIFER, L. and S. VOGENAUER (eds.). English and European Perspectives on Contract and Commercial Law. Essays in Honour of Hugh Beale. Oxford: Hart Publishing Ltd, 2014, pp. 353–378.
HARTLEY, T. C. Choice of Law Regarding the Voluntary Assignment of Contractual Obligations under the Rome I Regulation. International and Comparative Law Quarterly, 2011, Vol. 60, no. 1, pp. 29–56. https://doi.org/10.1017/S0020589310000667
Inception Impact Assessment. European Commission [online]. 28. 2. 2017 [cit. 10. 10. 2020]. Available at: https://ec.europa.eu/info/law/better-regulation/initiatives/ares-2017-1073039_en
KRONKE, H. Assignment of Claims and Proprietary Effects: Overview of Doctrinal Debate and the EU Commission’s proposal. Oslo Law Review, 2019, Vol. 6, no. 1, pp. 8–18. https://doi.org/10.18261/issn.2387-3299-2019-01-02
LABONTÉ, H. Third-Party effects of the assignment of claims: new momentum from the Commission’s Capital Markets Union Action Plan and the Commission’s 2018 proposal. Journal of Private International Law, 2018, Vol. 14, no. 2, pp. 319–342. https://doi.org/10.1080/17441048.2018.1508621
MANKOWSKI, P. The race is on: Germ reference to the CJEU on the interpretation of Art. 14 Rome I Regulation with regard to third-party effects of assignments. Conflict of Laws [online]. September 2018 [cit. 10. 10. 2020]. Available at: http://conflictoflaws.net/2018/the-race-is-on-german-reference-to-the-cjeu-on-the-interpretation-of-art-14-rome-i-regulation-with-regard-to-third-party-effects-of-assignments/
Proposal for a Regulation of the European Parliament and of the Council on the law applicable to the third-party effects of assignments of claims COM (2018) 96 final prepared by the European Commission in March 2018.
Proposal for a Regulation of the European Parliament and the Council on the law applicable to contractual obligations (Rome I).
Proposed EU Regulation on law applicable to the third party effects of assignment of claims – Why the UK should opt-out and work to get this proposal changed or scrapped. The City of London Law Society [online]. 24. 5. 2018 [cit. 18. 10. 2020]. Available at: http://www.citysolicitors.org.uk/storage/2018/05/Proposed-EU-Regulation-on-law-applicable-to-the-third-party-effects-of-assignment-of-claims-24-05-18.pdf
Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I).
Report on the question of the effectiveness of an assignment or subrogation of a claim against third parties and the priority of the assigned or subrogated claim over the right of another person COM (2016) 626 final, prepared by the European Commission in 2016.
United Nations Convention on the Assignment of Receivables in International Trade as adopted on 12 December 2001.
Walsh, C. Receivables Financing and the Conflict of Laws: The UNCITRAL Draft Convention on the Assignment of Receivables in International Trade. Dickinson Law Review, 2001, Vol. 106, pp. 159–204. https://doi.org/10.2139/ssrn.2732677