Cession
Cession denoted the transfer of a personal right to another in such a manner that the person to whom the cession is made (the cessionary) assumes the place of the creditor, but this device was not feasible in Roman law due to the strictly personal nature of obligations.
However, what was in substance the same result was achieved by means of the institution of procedural representation whereby the creditor transferred his right to a representative (cognitor or procurator) and authorized him to enforce it against his debtor. An obvious problem with this simple device was that, in the eyes of the law, the cedent remained creditor and could at any time before the joinder of issue (litis contestatio) release the debtor or accept satisfaction of the debt. In later times an actio utilis was granted to the representative under certain circumstances to enable him to enforce the claim in his own name. In the time of Justinian this remedy became redundant as a result of the recognition granted to the transfer of rights, which elevated the representative (the cessionary) to the position of creditor in place of the original creditor (the cedent).[1037]4.13.8
More on the topic Cession:
- III. CESSION
- Stipulatio alteri, Agency and Cession
- The Babatha and the Salome Komaise archives contain a number of documents that may, indirectly, reveal something about the law of succession current at the time.
- The concept, sketched in the preceding chapter, of the obligatio as being a strictly personal bond between the two parties who had concluded the contract found highly characteristic expression in the fact that Roman law did not recognize contracts in favour of third parties, (direct) agency and the cession of rights.
- Summary of Contents
- Nomina ossibus inhaerent
- II. Discussion of Legal Position of Daughter in Ancient Eastern Legal Systems Egypt
- Subject Index
- Partnership (societas)
- Globalization: the obsession with measurement
- A Variety of Penalties
- Other Types of Contractual Relationship
- Introduction
- Congress’ expressed purpose for supporting agricultural research and extension is not only to increase the productivity of agriculture,7 but also to “[maintain and enhance] the natural resource base on which rural America and the United States agricultural economy depend.”8
- lang=EN-US>Social and Economic Conditions