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Moveable Transactions (Scotland) Act 2023
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17Abolition of certain rules of law
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(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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