A contract may contain a non-assignment clause that prohibits the transfer to another of certain rights and certain different rights or of the contract as a whole. However, such a clause does not necessarily destroy the power of one of the parties to make an assignment. It only allows the latter to file a complaint for infringement in the event of such an assignment. However, the assignment of a contract containing such a clause is ineffective if the assignee is aware of the non-assignment clause or if the non-assignment clause states that „all assignments shall be void”. In a peculiarity that remains of the Common Law when the assignment was a donor, the last secessione is the true owner of the rights. However, if the assignment took place for remuneration, the first assignee to actually object to the assigned contract is the true owner of the rights. Under modern American rule, which has followed in most U.S. legal services, the first owner of equity (i.e., the first to have paid for the assignment) has the strongest right, while the remaining zessionatats may have other remedies. In some countries, the rights of the respective zsionnaires are determined by the old rule of common law in Dearle v Hall.
8.3.2. The interest received resulting from the claim of each creditor on the borrower is paid to the user with the corresponding claim. The lender`s share of interest, calculated on the basis of the difference between the interest rate indicated in the loan agreement and the interest rate indicated in the general conditions of sale, is deducted before AV Marketplace makes the distribution referred to in clause 8.3 of the general conditions of sale; 7.2. In the event of the insolvency of the credit issuer or partner or the default of the credit issuer or partner in accordance with the cooperation agreement between the lender, the partner and AV Marketplace, the AV Marketplace assignee, in its capacity as agent, irrevocably authorises the borrower to inform the borrower of the assignment of the claim on behalf of the buyer and to require the borrower: to continue to make all payments resulting from the right to AV Marketplace or, in the event of transfer of the management of the claim by AV Marketplace to a third party, from a third party as trustee of the buyer. The assignee authorizes AV Marketplace to send the borrower notifications of assignment of the receivable. Equipment leases generally contain a language that prohibits the lessee from assigning the lease to a third party. For example, „you do not have the right to sell, transfer, assign, sublet or weigh in on the equipment or this agreement” protects the owner`s warranty and credit coverage policies in the event that the lessee wishes to one day transfer the lease agreement to another party. However, it is possible to transfer the lease, but the new party (assignee) is subject to the credit quality verification process and the approval of the lessor. Even if the assignee is authorized, the personal guarantees of the existing lessee (Zdners), if any, may not be released unless the solvency of the assignee is extremely strong. 5.1. In order to avoid any disagreement, the parties declare and acknowledge: 18.104.22.168.
to distribute between the partner, on the one hand, and other creditors who hold claims on the borrower at the time of receipt of payment from the borrower, all funds received under the loan agreement and derived from the recovery of the debts; 2.8. . . .
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