Legal Implications of Transfer of Receivables (Cessie) Without Notification to Debtors

Abstract

Purpose: To discover the legal implications of transferring receivables (cessie) without notification to the debtor. Theoretical framework: The foundation for building a theoretical framework is the content of personal finance knowledge in this study, including (i) creditors (cedent), (ii) debtors (cessus), and (iii) credit agreements. Methods: The research method is that the literature applied to the data normatively consists of primary, secondary, and tertiary legal materials sourced from laws and regulations and relevant literature, which will be described and analyzed systematically. Household heads, as well as secondary data collected from respondents' profiles. Results and conclusions: The research results were based on Decision Number.127/Pdt.G/2020/ PN.Mks, there had been a transfer of receivables from Co-Defendant I as the old creditor to the plaintiff as the new creditor, which was carried out without the consent of the Defendant as the debtor resulting in legal problems. The transfer of receivables with a cessie mechanism is regulated in Article 613 of the Civil Code, which stipulates that such a handover for the debtor (the debtor) has no consequences except after the handover is notified to him or approved in writing or acknowledged by him.

Impact of The Asean Electronic Commerce Agreement on Vietnamese Law

“…Vietnam has also promptly issued general regulations on non-cash payments to facilitate electronic transactions in practice, such as Decree No. It can be seen that the ASEAN Electronic Commerce Agreement has expanded the development opportunities for non-cash payments, enabling electronic commerce transactions to be conducted swiftly, conveniently, cost-effectively, and easily managed and controlled during implementation (Slamet , T. S., Pasapan, P., Palullungan, L., & Salim, A, 2023).…”