Moveable Transactions (Scotland) Act 2023

17Abolition of certain rules of law
This section has no associated Explanatory Notes

(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.