Cession Contract - Abstract Action Deal

Abstract

The aim of the article is to analyze the cession agreement from the point of view of the law theory. In the paper, the author considers the issue on cession agreement’s nature and turns to two opinions – cession agreement is an abstract or a causal transaction. In the paper, the views of various law scientists in connection with the concerned issues are considered and analyzed. Attention is paid to the opinions of such European law scientists like Dernburg H., Toor A., Leonhard F., Larenc K., Koziol H., Welser R., Keller M., Schöbi Ch., Norr.K., Scheyhing.R, Poggeerl W., Palandt O. Such ideas in the field of law interpretation of the Russian scientists like Krasheninnikov E.A., Belov V.A., Krotov M.V., Sukhanov E., Vaskovskii E., Tuzov D., are explored. The author concludes that there are different opinions in interpreting of the law theory and legislation. The opinion on the abstract nature of cession agreement is absolutely dominant among the representatives of the German civil law scientists. In Austria’s civil law science, this agreement basing on the positive law prescripts is traditionally described as a causal transaction. Among the representatives of civil law scientists from Switzerland and Russia, the issue on the abstract or the causal nature of cession is disputable.

DOI: 10.5901/mjss.2014.v5n23p626