Цессия и добросовестность должника

Abstract

The article is dedicated to the aspects of protecting the interests of the debtor in a situation where the assignment is invalid, including contestation on bankruptcy grounds. The author defends the point of view that the invalidity of the assignment primarily affects its parties, and the risk of payment to an uncontrolled person (assignee) can only be imposed as an exception, when the debtor’s knowledge of the invalidity of the assignment is obvious. This decision is based on the idea of protecting legal visibility formed as a result of notification by the assignee to the debtor about the assignment. The destruction of this visibility through the imputation to the debtor of the responsibility for knowledge about the assignment’s invalidity or deeming the debtor unfair the author believes to be erroneous and extremely dangerous for the stability of the turnover in which the assignments are gaining popularity. At the same time, their contesting occurs frequently. The act of the Supreme Court, which was adopted at the end of 2022, also demonstrates a dangerous mixture of the concepts of subjective and objective good faith. Expecting the debtor to wait until the dispute about contesting the assignment reaches the Supreme Court, while being under the risk of double payment, creates unreasonable uncertainty for the debtor.