Transition of Accessory and Non-Accessory Securities with Cession by Operation of Law (Cessio Legis)
Financial and commercial claims are usually secured by personal and real securities in commercial practice. Different types of securities are used, both accessory and non-accessory. The question arises as to how to interpret the provisions on subrogation or cession by operation of law (cessio legis)...
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| Format: | Article |
| Language: | deu |
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University of Rijeka, Faculty of Law
2024-01-01
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| Series: | Zbornik Pravnog Fakulteta Sveučilišta u Rijeci |
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| Online Access: | https://hrcak.srce.hr/file/467737 |
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| author | Renato Vrenčur Denis Baghrizabehi Kristjan Zahrastnik |
| author_facet | Renato Vrenčur Denis Baghrizabehi Kristjan Zahrastnik |
| author_sort | Renato Vrenčur |
| collection | DOAJ |
| description | Financial and commercial claims are usually secured by personal and real securities in commercial practice. Different types of securities are used, both accessory and non-accessory. The question arises as to how to interpret the provisions on subrogation or cession by operation of law (cessio legis) in relation to the transfer of non-accessory securities to the performer of the obligation, particularly in the case of sureties. A surety undertakes to perform a debtor’s obligation (not its own obligation) to the debtor’s creditor. Consequently, after the performance, the creditor’s claim toward the debtor passes onto the surety with all the accessory rights and guarantees. The key question to be answered in this article is whether non-accessory rights pass to the surety as well (who has fulfilled the obligation of the principal debtor), or whether the creditor must make a corresponding (additional) transaction to pass these rights. The article presents key findings in this regard, along with an analysis of the position of the surety in insolvency proceedings. |
| format | Article |
| id | doaj-art-4dd09bbd8ca2494baea1ddbb0fb97991 |
| institution | DOAJ |
| issn | 1330-349X 1846-8314 |
| language | deu |
| publishDate | 2024-01-01 |
| publisher | University of Rijeka, Faculty of Law |
| record_format | Article |
| series | Zbornik Pravnog Fakulteta Sveučilišta u Rijeci |
| spelling | doaj-art-4dd09bbd8ca2494baea1ddbb0fb979912025-08-20T02:57:08ZdeuUniversity of Rijeka, Faculty of LawZbornik Pravnog Fakulteta Sveučilišta u Rijeci1330-349X1846-83142024-01-0145354355910.30925/zpfsr.45.3.3Transition of Accessory and Non-Accessory Securities with Cession by Operation of Law (Cessio Legis)Renato Vrenčur0Denis Baghrizabehi1Kristjan Zahrastnik2University of Maribor, Faculty of LawUniversity of Maribor, Faculty of LawUniversity of Maribor, Faculty of LawFinancial and commercial claims are usually secured by personal and real securities in commercial practice. Different types of securities are used, both accessory and non-accessory. The question arises as to how to interpret the provisions on subrogation or cession by operation of law (cessio legis) in relation to the transfer of non-accessory securities to the performer of the obligation, particularly in the case of sureties. A surety undertakes to perform a debtor’s obligation (not its own obligation) to the debtor’s creditor. Consequently, after the performance, the creditor’s claim toward the debtor passes onto the surety with all the accessory rights and guarantees. The key question to be answered in this article is whether non-accessory rights pass to the surety as well (who has fulfilled the obligation of the principal debtor), or whether the creditor must make a corresponding (additional) transaction to pass these rights. The article presents key findings in this regard, along with an analysis of the position of the surety in insolvency proceedings.https://hrcak.srce.hr/file/467737subrogationcessio legissuretyaccessory rightsinsolvency proceedings |
| spellingShingle | Renato Vrenčur Denis Baghrizabehi Kristjan Zahrastnik Transition of Accessory and Non-Accessory Securities with Cession by Operation of Law (Cessio Legis) Zbornik Pravnog Fakulteta Sveučilišta u Rijeci subrogation cessio legis surety accessory rights insolvency proceedings |
| title | Transition of Accessory and Non-Accessory Securities with Cession by Operation of Law (Cessio Legis) |
| title_full | Transition of Accessory and Non-Accessory Securities with Cession by Operation of Law (Cessio Legis) |
| title_fullStr | Transition of Accessory and Non-Accessory Securities with Cession by Operation of Law (Cessio Legis) |
| title_full_unstemmed | Transition of Accessory and Non-Accessory Securities with Cession by Operation of Law (Cessio Legis) |
| title_short | Transition of Accessory and Non-Accessory Securities with Cession by Operation of Law (Cessio Legis) |
| title_sort | transition of accessory and non accessory securities with cession by operation of law cessio legis |
| topic | subrogation cessio legis surety accessory rights insolvency proceedings |
| url | https://hrcak.srce.hr/file/467737 |
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