Law
Anna Quast
Rechtskräftiger Titel des Zedenten und Schutz des Schuldners
Vorgaben der Vertragsfreiheit zur Argumentation im Schuldrecht
[Executory Titles of the Assignor and Debtor Protection. Standards of Freedom of Contract for Argumentation in the Law of Obligations.]
94,00 €
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sewn paper
ISBN 978-3-16-150009-1
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Published in German.
In this work, Anna Quast studies the major issue of debtor protection in the law of assignment against the backdrop of two recent judgments given by the Federal Supreme Court of Germany. In doing so, she draws on freedom of contract as a constitutional term and shows that there is no ban on a discrimination against the debtor because of the assignment. In place of this, the author proposes a more flexible balancing of interests, examines the protection of the debtor in his interest to know who his creditor is and suggests a way of improving the debtor's position. In conclusion, the author returns to the original issues of the assignor in possession of an executory title and shows how this problem can be solved by using the basic principles she developed.