Ch.9 Assignment of rights, transfer of obligations, assignment of contracts, s.1: Assignment of rights, Art.9.1.14
This commentary analyses Article 9.1.14 of the UNIDROIT Principles of International Commercial Contracts (PICC) concerning rights related to the right assigned to the assignee. According to Art 9.1.14, the assignment of a right transfers to the assignee all the assignor's rights to payment or other performance under the contract in respect of the right assigned, as well as all rights securing performance of the right assigned. Art 9.1.14 is not restricted to what civil law systems would refer to as accessory rights. With respect to partial assignments, a distinction must be made between divisible rights and other rights. This commentary also discusses assignment that is contrary to a clause limiting or prohibiting assignment, along with mandatory rules and party autonomy relating to the assignee's rights to payment or other performance.