Transfer of Property

Question 1

how can you become an owner?

Answer 1

creation
acquisition
transfer

Question 2

transfer requirements

Answer 2

power to dispose
title
delivery

Question 3

Transfer of claims: Assignment- requirements

Answer 3

Agreement (not seen as a contract)
Formal requirements: English and French law- written form; German law- no formal requirement
It is only the benefit, not the burden
The right must be assignable
A notice must be given to the debtor by the assignor

Question 4

Consequences of a valid assignment

Answer 4

The debtor must pay to the assignee; he is not discharged if he pays to the assignor
The assignee does not have greater rights against the debtor than the assignor

Question 5

Insolvency steps

Answer 5

debt-> bankruptcy-> insolvency trustee-> trustee sells all assets-> all creditors are paid a share of the proceeds

Question 6

Preferential debts: security rights

Answer 6

Provide creditors with a better positioning regarding the claims (in the case of a mortgage or pledged property).

Leased, rented or borrowed assets are not part of the assets, not subject to insolvency.