cesiune

Cesion, in legal contexts often translated as assignment or cession, is the transfer of a right, claim, or contractual position from one party (the cedent) to another (the cessionary). The act can be voluntary and bilateral or unilateral, and it is commonly used to move receivables, contractual rights, or financial claims from lenders or sellers to third parties.

A primary form is the assignment of claims (cesiune de creanțe), where a creditor transfers the right to collect a debt to a new creditor. Such transfers are frequently used in financing arrangements, factoring, securitization, or debt collection. The mechanics can vary by jurisdiction, but they generally involve an agreement between the parties and, in many systems, notification to the debtor to effect the transfer against him.

Legal effects depend on the jurisdiction but typically include: the cessionary steps into the shoes of the cedent and acquires the rights and remedies associated with the claim; the cedent’s obligation to perform may cease to the extent of the transferred claim; and the debtor’s defenses against the cedent may become defenses against the cessionary. In most cases, the debtor’s consent is not required for the transfer, though some contracts or laws restrict assignment of certain rights, such as personal services or non-assignable contracts.

Formal requirements vary, but common essentials include a clear identification of the rights transferred and, often, notification to the debtor. Risks include disputes over validity, notice timing, and potential impact on guarantees or collateral linked to the claim.

See also assignment of claims, contract transfer, factoring, and novation.