cédante

Cédante is the feminine form of the French legal term cédant and refers to the party who makes a cession, that is, who transfers a right, claim, or asset to another person. The person who receives the transferred rights is typically called the cessionnaire (or assignee in English translations). The term is used mainly in civil and commercial law.

In practice, a cédante may transfer a variety of rights, including a contractual claim, a debt, a license, a lease, or intellectual property rights. The act of transferring these rights is called a cession. A cédante can conduct the transfer on onerous terms (with consideration) or gratuitously, depending on the agreement and applicable law.

Formalities and effects vary by jurisdiction but often include a written agreement and, where required, notification of the debtor or third parties to render the transfer opposable. Once the cession is effective, the cessionnaire typically becomes entitled to the benefits associated with the rights and may assume related obligations, subject to the terms of the agreement and any legal requirements. Some contexts may treat cession as a transfer that does not extinguish the original obligation for the obligor, or may involve novation if consent of the debtor or other parties is required.

Examples of usage include cession de créance (assignment of a debt), cession of contractual rights, and the transfer of intellectual property rights. In corporate and financial transactions, a cédante may be a company transferring receivables, licenses, or other rights to a cessionnaire as part of a restructuring, financing, or sale.

Etymologically, cédante derives from the Latin cedo, meaning to yield. The feminine form is used to indicate that the transferor is a woman.