STUDY UNIT 13: CESSION

Question 1

WHAT IS CESSION?

Answer 1

is that act of transfer, and is comparable to tradio, expect that what now is being transferred is an incorporeal personal right rather than a corporate thing.

Question 2

TRADIO AND CESSION:

Answer 2

tradio has both a physical element and a mental element.
cession has no comparable physical element because there can be no physical delivery of the incorporeal thing.

Question 3

REQUIREMENTS OF CESSION:

Answer 3

1. the cedent must be entitled to dispose of the personal right.
2. the personal right must be capable of being ceded.
3. a transfer agreement
4. formalities
5. legality
6. The absence of prejudice to the debtor.

Question 4

NEMO PLUS IURIS AD ALIUM TRANSFERRE POTEST QUAM IPSE HABERET:

Answer 4

no person can transfer more rights than she has.

Question 5

CONSEQUENCES OF CESSION:

Answer 5

1. Cedent is divested of right
2. Rights vests in the cessionary
3. Cessionary is substitute creditor
4. NEMO PLUS IURIS AD ALIUM TRANSFERRE POTEST QUAM IPSE HABERET
5. Performance by the debtor must be made to the cessionary.