Lapse of rights connected with assignment of legal claims, problematic issues and their solution

Impact of transfer of legal claim on the destiny of rights security and connected claims may differ. The aim of the article is to analyze the transfer of rights connected with transferred legal claims, to survey the problematic issues and to suggest methods of their solution. The author analyzes legal norms, judicial practice of Germany, Switzerland, Russia and Latvia, as well as opinions of law scientists about transfer of guarantee, lien, penalty, interest, losses compensation and agreement of court of arbitration in connection with assigned legal claims. The author offers her own point of view regarding the issue and suggestions on amendments in the legal acts

Assignment in a variable economic situation

Claim transmission from one creditor to another (assignment), due to the development of business in Latvia, becomes more and more important. The assignment is a unique as well as universal institute of private rights, which role is difficultly to overvalue for normal economical turnover, nevertheless the legislator, on accepting the Civil Law of 1937, has not envisaged all nuances in the area of the legal regulation of the assignment in the variable economic situation. The author makes a conclusion that it is necessary to develop specific recommendations for perfection of the Civil Law's legal standards in Latvia, by analyzing the legal acts, judicial practice of Latvia and other countries, and the works of the legal scientists within the sector of cession's legal regulation