Modernization Tendencies for Cession’s Legal Regulation in Latvia. Summary of the Doctoral Thesis

Abstract

The aim of the Doctoral thesis “Modernization tendencies for cession’s legal regulation in Latvia” is to study the existing imperfections in the legal regulation of assignment in Latvia, to bring forward new theoretical ideas and conclusions within the framework of the legal regulation of assignment, to develop particular proposals for improvement of the legal regulation of assignment in Latvia. The Doctoral thesis consists of an introduction, six chapters and subchapters, as well as a conclusion. In the first chapter, the author examines the essence of the assignment, and carries out analysis of its understanding in the legal theory. In the second chapter, development of the assignment in historical aspect is regarded; the author examines its origins in the Roman law, as well as the further development of the assignment’s legal regulation in various countries. The third chapter deals with different types of assignment claims that are analyzed from scientific and legal point of view. In the fourth chapter, the author carries out analysis of an assignment contract from the point of view of the legal theory and of the legislation. The author looks at the assignment contract from the point of view of abstractedness and causality, analyses the validity conditions of the assignment contract, various aspects of claim transfer and transfer of accessory rights of a claim. Obligations of an assignor and an assignee, as well as legal effects of their performance or non-performance are analysed. In the fifth chapter, the author studies assignment limitations; they are analysed within the framework of contract freedom. In the sixth chapter, the author analyses the protection of a debtor provided by the legislation, such as debtor’s defences and set-off rights. The concluding part presents conclusions and proposals for improvement of the legislation in the field of the assignment’s legal regulation in Latvia.