# Moveable Transactions (Scotland) Act 2023, Section 17: Abolition of certain rules of law

Extent: S

(1) The following rules of law are abolished insofar as they apply to an assignation of a claim to which this Part applies—
(a) any rule whereby a mandate may operate as an assignation of a claim,
(b) 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,
(c) any rule whereby an assignee of a claim may sue in the name of an assignor, and
(d) any rule as to warrandice to be implied—
(i) in assigning a claim, or
(ii) in providing, in a contract or unilateral undertaking, for the assignation of a claim.
(2) But subsection (1)(c) does not affect the application of any enactment, or any rule of law, as respects subrogation.

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Source: https://www.legislation.gov.uk/asp/2023/3/section/17 (the official version)
Page: https://openlegislation.uk/moveable-transactions-scotland-act-2023/section-17
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.