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Moveable Transactions (Scotland) Act 2023

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Changes over time for: Section 5

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This version of this provision is prospective. Help about Status

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5Assignation in partS
This section has no associated Explanatory Notes

(1)A claim may be assigned in whole or in part.

(2)But if the claim is not a monetary claim, the claim may be assigned in part only if the claim is divisible and either—

(a)the debtor consents, or

(b)the assignation is not likely to result in the obligation to which it relates becoming significantly more burdensome for the debtor.

(3)Except in so far as the debtor agrees otherwise with the assignor, or agreed otherwise with a person who was previously the holder of the claim (when that person was the holder), the assignor is liable to the debtor for any expense incurred by the debtor which is attributable to the claim’s being assigned in part rather than in whole.

Commencement Information

I1S. 5 not in force at Royal Assent, see s. 121(2)

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