The decision of the Court of Cassation of the 3rd Civil Chamber, under Act 2016/13540 E. and Decision No. 2017/1715 K, is: « … the applicant obtained his application for this file at …. I quit. A.A. in connection with an obligation to dispose of receivables of … 21. Notary on 30.04.2014 under the notary reference 65894; this act was recorded on the record and this was also set out in the minutes of the oral proceedings of 5.09.2014.
As a result, as a result of such an assignment, the applicant has lost his reputation (as an applicant). Given this fact, the court should have decided whether or not….. A. A., the assignee of the debt, would continue the case and, if it had a position, the litigation should have been pursued, otherwise the Tribunal would have had to order the dismissal of the appeal for lack of seating (as a plaintiff) and, therefore, the written decision of the court, which was granted to the applicant without regard to these issues, is not considered acceptable and, failing that, such a decision should be set aside. » After the assignment, the ceding (ceding) can no longer demand the performance of the obligation. With the transfer of the debt, the right of appeal, which cannot be transferred separately to a third party independent of the main claim, is also transferred, so that the obligation of appeal is also transferred to the purchaser (agent).  The reason is that, in this case, the assignee definitively acquired the claim that belonged to the assignee and obtained the « right of disposition ». The right of disposition involves certain legal procedures, such as the filing of all actions relating to the claim, the initiation of an enforcement procedure for the same thing and the attribution of it. It appears that the assignment of the debt is effective only if the beneficiary of the assignment also has the right to dispose of that claim. As a general rule, the right holder also has the right to give in through the debt. However, in certain circumstances, such as bankruptcy. B.dem, the creditor (bankruptcy) does not have the right to give up on its claims in the bankruptcy mass.