Can an assignment of accounting debts within the meaning of Article 136(2)(a) be suspended? In other words, without the agreement of the secured creditor, the business rescue specialist cannot dispose of or burden assets unless the proceeds are sufficient to pay the secured creditor`s debt and are actually paid to the secured creditor immediately. We consider that article 134 does not apply to the assignment of debtors. A debt owed to the rescue company is not “property” within the meaning of Article 134, because, even if a debt constitutes property within the meaning of Article 134, the pactum de non cedendo would prevent the rescuer from disposing of the accounting debt without the bank`s consent. § 134, para. 3 does not apply to a standard assignment of accounting debts, as the definition of “security right” in section 1 of the insolvency law “is the ownership of insolvent immovable property to which the creditor is preferably entitled under a particular hypothec, a legal hypothec of the lessor, a pledge or a right of retention”. There are two theories of security transfer, the deposit theory and an assignment with a declaration of recidivism (right of recidivism). The distinguishing element between “seizure” and “publicity” is as follows: an assignment is an act of transfer. It includes an agreement that the assignor or assignor transfers a right to the assignee or assignee. In principle, the right holder/creditor may assign his claim to his own creditor in order to secure the claim owed to him.
The main function of an assignment is to ensure that creditors substitute themselves. Personality rights are covered by the assignment and no right in rem is conferred. Under civil law, assignment is equivalent to assignment and, therefore, an act by which a personal receivable is transferred from the assignor (the assignor) to the assignee (the assignee). While rights in rem are transferred by delivery, personality rights are transferred by assignment. Once the debtor`s obligation is transferred, the assignee is fully replaced. The original creditor (assignor) loses his right of claim and the new creditor (assignee) obtains this right. The assignor of such assignment is not required to notify the debtors of the assignor. . . .