Engedményezés

Engedményezés, a legal concept often translated as assignment or cession, refers to the act of transferring a right or claim from one party to another. In Hungarian law, this typically involves a contract where the original creditor, known as the assignor, transfers their right to receive performance from a debtor to a new creditor, the assignee. The debtor is then obligated to perform the obligation for the assignee instead of the original creditor.

This transfer is usually effectuated through a written agreement between the assignor and the assignee. While the consent of the debtor is not always necessary for the validity of the assignment itself, they must be notified of the transfer. Once notified, the debtor is bound to pay or perform the obligation to the assignee. Failure to do so may result in the debtor being liable to the assignee.

Engedményezés is a common mechanism in various commercial transactions, such as factoring, where a company sells its outstanding invoices to a third party. It also plays a role in the transfer of loan agreements and other contractual rights. The underlying principle is to facilitate the smooth flow of economic rights and to allow creditors to monetize their claims. The assignor generally guarantees the existence and validity of the right being transferred, but not necessarily the debtor's ability to perform.