ASSIGNMENTS OF BOOK DEBTS: PROTECTION OF THIRD PARTIES IN QUEBEC

Abstract

This article considers the effect of the Draft Civil Code on assignment of book debts, claiming that article 433 virtually repeats article 1145 of the present Civil Code, including its unresolved problems regarding the protection of third parties. It highlights particular modes of protection, including a) protection against double payment, b) publicity of the assignment, c) delivery of title and d) renunciation of rights, and considers the effect of these protective measures on the assigned debtor, subsequent assignees, trustees in bankruptcy and creditors of the assignor, attempting to illustrate the failure to provide extended protection in the Draft Civil Code.