On the bona fide acquisition of the right (requirements)
Автор: Janaev Erdem Batuevich
Журнал: Современная цивилистика @modern-civil-law
Рубрика: Гражданское право
Статья в выпуске: 1, 2023 года.
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The article discusses of the legal basis for the injection of the concept of «bona fide assignee» in the current civil law. Reveals the reasonable identity of certain features of good faith in relation to recognized by the Civil Code subjects, such as bona fide pledgee and bona fide purchaser with the concept of «bona fide assignee» proposed by the author. Foreign legislation in respect of bona fide acquisition of the right of claim. It is emphasized that in domestic civil proceedings the principle of good faith of the assignee is not widely used, but the prerequisites for the use of the concept are formed under the influence of the principle of protection of turnover. It is noted that active introduction of the new concept into civil proceedings seems to be relevant and in demand. Development of an effective mechanism to protect the rights of a good faith purchaser in civil proceedings is emphasized as an important aspect of fair trial standards.
Assignee, assignor, assignment, good faith, bona fide assignee, bona fide acquisition of a right, security assignment of a right, protection of the assignee, bona fide assignment of a claim, unfair assignment of a right (claim)
Короткий адрес: https://sciup.org/148326262
IDR: 148326262