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European Contract LawScots and South African Perspectives$
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European Contract Law: Scots and South African Perspectives

Hector MacQueen and Reinhard Zimmermann

Print publication date: 2006

Print ISBN-13: 9780748624256

Published to Edinburgh Scholarship Online: March 2012

DOI: 10.3366/edinburgh/9780748624256.001.0001

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PRINTED FROM EDINBURGH SCHOLARSHIP ONLINE (www.edinburgh.universitypressscholarship.com). (c) Copyright Edinburgh University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in ESO for personal use.date: 25 September 2021

Assignment

Assignment

Chapter:
(p.307) 12 Assignment
Source:
European Contract Law
Author(s):

Gerhard Lubbe

Publisher:
Edinburgh University Press
DOI:10.3366/edinburgh/9780748624256.003.0012

This chapter considers how an assignment is effected under the Principles of European Contract Law (PECL), and evaluates its consequences and the extent to which the divergence between systems based on notice and those that do not require it is resolved. It compares assignment under PECL with those under Scots and South African laws, and explains its practical utility and theoretical nature. The chapter also discusses the obligatory and proprietary aspects of assignment under the PECL.

Keywords:   assignment, PECL, Scots law, South African law, obligatory aspect, proprietary aspect

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