CHAPTER 15. ASSIGNMENT OF RIGHTS Art. 2642. Assignability of rights All rights may be assigned, with the exception of those pertaining to obligations that are strictly personal. The assignee is subrogated to the rights of the assignor against the debtor. Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
Art. 2643. Assignment effective from the time of knowledge or notice The assignment of a right is effective against the debtor and third persons only from the time the debtor has actual knowledge, or has been given notice of the assignment. If a partial assignment unreasonably increases the burden of the debtor he may recover […]
Art. 2644. Performance by debtor before knowledge of assignment When the debtor, without knowledge or notice of the assignment, renders performance to the assignor, such performance extinguishes the obligation of the debtor and is effective against the assignee and third persons. Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
Art. 2645. Accessories included in assignment of right The assignment of a right includes its accessories such as security rights. Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
Art. 2646. Warranty of existence of debt, solvency of debtor The assignor of a right warrants its existence at the time of the assignment. The assignor does not warrant the solvency of the debtor, however, unless he has agreed to give such a warranty. Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
Art. 2647. [Reserved]
Art. 2648. Scope of warranty of debtor’s solvency An assignor who warrants the solvency of the debtor warrants that solvency at the time of the assignment only and, in the absence of agreement to the contrary, does not warrant the future solvency of the debtor. Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
Art. 2649. Assignor’s knowledge of the debtor’s insolvency; effects When the assignor of a right did not warrant the solvency of the debtor but knew of his insolvency, the assignee without such knowledge may obtain rescission of the contract. Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
Art. 2650. Warranty in assignment of succession rights A person who assigns his right in the estate of a deceased person, without specifying any assets, warrants only his right of succession as heir or legatee. Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
Art. 2651. [Reserved]
Art. 2652. Sale of litigious rights When a litigious right is assigned, the debtor may extinguish his obligation by paying to the assignee the price the assignee paid for the assignment, with interest from the time of the assignment. A right is litigious, for that purpose, when it is contested in a suit already filed. […]
Art. 2653. Assignability prohibited by contract; exceptions A right cannot be assigned when the contract from which it arises prohibits the assignment of that right. Such a prohibition has no effect against an assignee who has no knowledge of its existence. Acts 1993, No. 841, §1, eff. Jan. 1, 1995.
Art. 2654. Documents evidencing the right The assignor of a right must deliver to the assignee all documents in his possession that evidence the right. Nevertheless, a failure by the assignor to deliver such documents does not affect the validity of the assignment. When a right is assigned only in part, the assignor may give […]
