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Moveable Transactions (Scotland) Act 2023
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12Performance in good faith where claim assigned cannot be transferred by intimation
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(1)Subsection (2) applies where—
(a)by virtue only of being of a type prescribed under section 3(8), a claim in respect of which an assignation document is granted is not transferred, and
(b)the debtor, or any co-debtor, performs in good faith to the assignee.
(2)The debtor, or (where there are two or more co-debtors) each of the co-debtors, is discharged from the claim to the extent of the performance.
(3)For the purposes of subsection (1)(b), a debtor, or co-debtor, is not to be taken to perform in good faith where that debtor or co-debtor knows—
(a)that the assignation document has not been registered, and
(b)that transfer of the claim requires registration.
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