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Article 388. Conditions for assignment of a claim

📅 Updated: 30.09.2026

1. An assignment of a claim by the creditor(s) to another person(s) is permitted if it is not contrary to law. 2. An assignment of a claim under an obligation to a cat is not permitted without the consent of the debtor. 3. An agreement between the debtor and the creditor to limit or prohibit the assignment of a monetary obligation does not render ineffective Such assignment is not a ground for avoidance of the contract from which the claim arose, but the creditor(s) is not discharged from the debtor ' s liability for the breach. 4. The right to obtain non-monetary performance may be assigned without the consent of the debtor if the assignment does not make the performance of its obligation much more burdensome for it. An assignment of a right to obtain non-monetary performance may be prohibited or limited by a declaration between the debtor and the assignor. an assignment agreement may be declared null and void in the debtor ' s claim only if it is proved that the other party to the agreement knew or ought to have known of the set-off 5. A solidarity creditor is entitled to assign a claim to a third party with the consent of other creditors, unless otherwise provided in an agreement between them.