A New Solution Concerning Choice-of-Law for the Assignment of Debts
International and Comparative Law Quarterly, 70(3), 665-696, 2021. doi:10.1017/S0020589321000166
Posted: 17 Aug 2021
Date Written: July 21, 2021
This article explores a solution to the choice-of-law issues concerning both voluntary and involuntary assignments arising in a domestic forum. The focus is on English private international law rules relating to cross-border assignments. A distinction is made between primary and extended parties as the foundation for choice-of-law analysis. Drawing on insights from the distinction of the use value and exchange value of debts found in economics, this article proposes a new analytical framework for choice-of-law based on a modified choice-of-law theory of interest-analysis.
Keywords: private international law, choice-of-law, assignment of debts, lex situs, lex concursus, interest-analysis, third-party effects
JEL Classification: K33, K41, K22
Suggested Citation: Suggested Citation