Section 17 Abolition of certain rules of lawI1I2C1
Scotland
The following rules of law are abolished insofar as they apply to an assignation of a claim to which this Part applies—
any rule whereby a mandate may operate as an assignation of a claim,
any rule whereby an assignation is rendered ineffective by an instruction to the debtor by an assignee of a claim that the debtor perform to the assignor,
any rule whereby an assignee of a claim may sue in the name of an assignor, and
any rule as to warrandice to be implied—
in assigning a claim, or
in providing, in a contract or unilateral undertaking, for the assignation of a claim.
But subsection (1)(c) does not affect the application of any enactment, or any rule of law, as respects subrogation.
Annotations
Modifications
- C1
Pt. 1 extended (with modifications) (1.4.2025) by The Moveable Transactions (Scotland) Act 2023 (Financial Collateral Arrangements and Financial Instruments) (Consequential Provisions and Modifications) Order 2025 (S.I. 2025/275), arts. 1(2), 3 (with arts. 4, 20)
Commencement
- I1
S. 17 not in force at Royal Assent, see s. 121(2)
- I2
S. 17 in force at 1.4.2025 by S.S.I. 2024/378, reg. 2