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Revista Chilena de Derecho Privado

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Revista Chilena de Derecho Privado

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You are here: Archives/Comentarios de Jurisprudencia/No. 37

THE MANDATE TO COLLECT AS A FORM OF ASSIGNMENT AND THE ACCEPTANCE OF THE ASSIGNMENT THROUGH LITIS CONTESTATIO

Authors

Javier Rodríguez Diez
Pontificia Universidad Católica de Chile.

Files

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Key Information

Keywords

mandate, collection, assignment, acceptance, litis contestatio

Abstract

This commentary analyses a recent decision which declared that the assignee of a credit, despite not having notified the debtor of the assignment, may nonetheless collect the credit as long as he appears as agent of the original creditor. Special attention is drawn to the complicate mechanism chosen by the assignee/agent in order to collect, which is based in an erroneous interpretation regarding the time and manner in which the assignment must be notified.

Details

DOI

https://doi.org/10.32995/S0718-80722021619

Published

December 31, 2021

Issue

No. 37 (2021): Diciembre - 2021

Section

Comentarios de Jurisprudencia

How to Cite

Rodríguez Diez, J. (2021). THE MANDATE TO COLLECT AS A FORM OF ASSIGNMENT AND THE ACCEPTANCE OF THE ASSIGNMENT THROUGH LITIS CONTESTATIO. Revista Chilena De Derecho Privado, (37). https://doi.org/10.32995/S0718-80722021619

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