Skuteczność zapisu na sąd polubowny a umowa przelewu wierzytelności w prawie polskim i włoskim
Journal Title: ADR. Arbitraż i Mediacja - Year 2018, Vol 3, Issue 43
Abstract
The subject of this paper is an effectiveness of the arbitration agreement in case of transfer of receivables in Polish and Italian law. Thus, an attempt was made to answer the question if – despite the lack of clear regulations in this respect – an arbitration agreement should involve new parties of a legal relationship. The negative answer for the submitted question leads to the conclusion that any dispute arising out of the relationship between the assignee and the debtor should be dealt with at a common court only; while the positive answer for the concerned question constrains both: doctrine and judicature to define the legal basis of such a solution. Both legal systems basically perceive it, in fact, that the assignee by law operation enters into the position of claims as vendor and the subject of the assignment is not the claim as a debt but the whole of the rights and obligations related to.
Authors and Affiliations
Anna Barańska
Keywords
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