Slovak Financial Law News 2004

Assignment of Receivable

Judgement of the Supreme Court of the Slovak Republic dated 11 June 2003, file No. 4 Obo 210/01, published in the Collection of Opinions of the Supreme Court and Decisions of Courts of the Slovak Republic No. 6/2003

Relevant assignor's notification to a debtor on the assignment of a receivable without any other documents sets out the active legitimisation of an assignee, in order to claim the assigned receivable. The court comes out of such a notification without an examination of the existence and validity of the agreement on assignment as a prejudicial question.

The debtor in such a case cannot successfully invoke the invalidity of the agreement on assignment of the receivable or its non-existence. The debtor can do this provided that the assignor proved the assignment of the receivable.