Paper's abstract

Christoph Krampe, The Obligation as an Asset
The obligation as an asset is considered by the French jurisprudence under the aspect which a claim shares with the property of things. German law of property (Vermögensrecht) is characterized by a strict distinction between the law of obligations and the law of things. In principle, German law acknowledges the French maxim according to which the individuals have the power of disposition of their assets (Art. 537 French Civil Code). In contrast to French law the assignment of a claim can be excluded by means of convention between creditor and debtor, and this towards the third person as well, as the claim is taken as a personal bond between creditor and debtor. On the other hand, German law approached the French in 1994 with the new article 354a of the Commercial Code being passed, whereas French law of assignment approached the German by the enactment of the loi Dailly in 1981. The basic problem requires a solution in a European perspective.

Key Words : obligation, asset, Germany, Europe
t. 44, 2000 : p. 205-215

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