Abstrakt
The article deals with the effect of prohibition of assignment of receivable, which was agreed among the contractual parties in a contract. The previous legal regulation in the article, the opinions of the legal doctrine and the opinions accepted by the judiciary are being analyzed.
With respect to the previous legal regulation the interpretation of the new regulation adopted in the act no. 89/2012 Coll., Civil Code, is being made. Legal regulations of Germany, Austria and Switzerland are being taken into account.
Author comes to the conclusion that such an agreed prohibition of assignment of receivable should still have the erga omnes effects. This conlusion is being made with respect to the legal regulations of Germany, Austria and Switzerland.
Such an agreed prohibition of assignment of receivable should cause the invalidity of the assignment contract of the receivable, if assigned contrary to the agreed prohibition. However, the author comes to the conclusion, that the acquisition of a receivable from a non-owner is possible, if acquisitioned in a good faith.