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We make a legal distinction between non-existent rights and future rights. A future right is one that does not exist on the day of the assignment, but may arise. Our law allows the transfer of future rights safely. Thus, in a schematic form, the act of investment between the debtor and the assignor becomes a causa cessionis for the actual agreement between the assignor and the assignor. 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 assignor`s debtors. The person responsible for the assignment holds this assignment only as collateral, the extinguished accounting debts being constantly replaced by new ones.

In Grobbelaar/Oosthuizen 2009 (5) SA 500 (SCA), the General Court held that, in the event of a full assignment, the assignor lost all his rights by assigning those rights to an assignor and that he was no longer entitled to the assignor after the assignment (see paragraph 8). This decision was supported by the judgment in Kritzinger and Another v Standard Bank of South Africa (3034/2013) [2013] ZAFFHS 215 (19 September 2013) (Kritzinger case). The agreement between the transferring insurance company and the reinsurance company will contain extended conditions under which the assignment will be transferred. The contract specifies the precise conditions under which the reinsurance company pays the claims. There are two main types of reinsurance contracts: optional and contractual contracts. In an optional reinsurance contract, the insurer hands over a type of risk to the reinsurer, which means that any type of risk passed on to the reinsurer in return for a premium must be negotiated individually. In a contractual reinsurance contract, the transferring company and the loan company agree on a wide range of insurance transactions covered by reinsurance. For example, the ceding insurance company can assign all risks of flood damage and the abceptor company can take care of all risks of flood damage in a given geographical area, such as for example.

B a flood zone. 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 to the rescue company is not « property » within the meaning of Article 134, because the reinsurance company has agreed to a 25% transfer by the direct insurer. As a general rule, the assignment of an accounting debt is made in the sense of a breach of security. A set construction is only respected if the possibility of a fuse is not expressly excluded. From our point of view, it is clear that business rescue practitioners should not legally suspend the assignment of accounting debts (or, in this context, a guarantee right that a bank can enjoy… .