Die Modernisierung des schweizerischen Abtretungsrechts –Bemerkungen zum Zessionsrecht im OR 2020
The draft for a new General Part of the Swiss Code of Obligations presented by law professors in 2013 includes interesting proposals for a revision of the Swiss assignment law. Following a number of international and foreign precedents, the draft suggests to restrict the effects of contractual no-assignment clauses to the relationship between the debtor and the creditor/assignor, a reform which would remove the most important impediment to receivables financing under Swiss law. The draft also makes innovative proposals to clarify the effects of an assignment vis-à-vis the debtor, thus honing considerably the protection of the debtor against adverse effects from an assignment. Rather surprisingly, the draft omits to decide the decade-old controversy regarding the causal or abstract nature of the assignment. Also, the assignment remains a disposition effective as against third parties without any kind of publicity, leaving assignees with little options to detect prior assignments…
