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Les cessions contractuelles de créances de sommes d'argent dans les relations civiles et commerciales franco-allemandes

Abstract : This thesis compares the types of assignment used in French and German law and shows how their differences affect trade in the European Union. First the study concentrates on the general aspects of assignment in the two legal systems. The historical presentation shows the specific features of assignment in each law: the importance of the French notion of + opposability; the dual and abstract contract in German law. It also shows the fundamental differences between contracts in both laws. The analysis of international assignment shows the practical interest of a comparative study of both laws. The second and third parts of the thesis study the legal conditions of assignment, how debts can be transferred, and the effects of contract. Three major differences appear between the two laws: the importance of contractual formalities in French law, the systematic balance of the interests of each party in German law, the specific use of assignment made in trust in German law. As a whole French law uses a complex legal reasoning to establish the conditions of assignment. German law refers more to equity. Paradoxically, German law seems to lead to better legal security. The various uses of assignment in German law, especially of assignment made in trust, also correspond better to practical needs. These findings lead the author to advocate an adapted transposition of the German solutions into French law
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  • HAL Id : tel-01776998, version 1



Eleanor Cashin-Ritaine. Les cessions contractuelles de créances de sommes d'argent dans les relations civiles et commerciales franco-allemandes. Droit. Université Nancy 2, 1998. Français. ⟨NNT : 1998NAN20020⟩. ⟨tel-01776998⟩



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