To the Issue of Cession in Latvia

Abstract

The aim of the article is to analyze the substantial moments of cession’s legal regulation in Latvia and to define the directions of modernization of cession’s legal regulation in Latvia. In the paper, the Civil Law of Latvia is analyzed; the attention is drawn to the conclusions of legal scientists of Latvia and other countries within the sector of cession’s legal regulation. The analytical and comparative science study methods have been used in the paper. The amendments, which were made in the Civil Law of Latvia within the period from 1992 till today, did not affect the legal standards regulating the cession of rights to demand, and until now there have been no fundamental studies of this topic in the Latvian law theory. The author concludes that in Latvia it is necessary to develop specific suggestions for perfection of the Civil Law’s legal standards by analyzing the legal acts, the case law and the law scientists’ works in the sector of cession’s legal regulation in Latvia and other countries, imposing the first duty on the assignee of notifying the debtor within the defined term about the concluded contract of assignment, specifying the non-assignable demands, as well as excluding the penalty collection from the demands received basing on the contract of assignment.

DOI: 10.5901/ajis.2013.v2n11p138