Abstract
This article explores a solution to the choice-of-law issues concerning both voluntary and involuntary assignments arising in a domestic forum. The focus is on English private international law rules relating to cross-border assignments. A distinction is made between primary and extended parties as the foundation for choice-of-law analysis. Drawing on insights from the distinction of the use value and exchange value of debts found in economics, this article proposes a new analytical framework for choice-of-law based on a modified choice-of-law theory of interest-analysis.
| Original language | English |
|---|---|
| Pages (from-to) | 665-696 |
| Number of pages | 32 |
| Journal | International and Comparative Law Quarterly |
| Volume | 70 |
| Issue number | 3 |
| DOIs | |
| Publication status | Published - 2021 Jul |
| Externally published | Yes |
Keywords
- assignment of debts
- choice-of-law
- interest-analysis
- lex concursus
- lex situs
- private international law
- third-party effects
ASJC Scopus subject areas
- Political Science and International Relations
- Law