Abtretung · assignment of a claim
An assignment transfers a claim from the current creditor to a third party, without the debtor's consent. It is central to financing, receivables portfolios and security arrangements.
Request a demoThe term in four languages
- German
- Abtretung
- French
- cession de créance
- Italian
- cessione del credito
- English
- assignment of a claim
Definition
The assignment of a claim is the act by which a creditor transfers their claim to a third party. The debtor's consent is not required, unless the assignment is forbidden by law or contract or prevented by the nature of the legal relationship. Under the Code of Obligations, an assignment is valid only if done in writing. Until the assignment is brought to the debtor's attention, the debtor is validly released by paying the former creditor in good faith.
Swiss federal acts are published in German, French and Italian, and all three versions are equally authoritative. The English term shown here comes from the Federal Administration's English translation, published on Fedlex for information only. Where there is no translation, it follows common usage.
Full glossaryThe term in an official text
powered by Neur.onDer Gläubiger kann eine ihm zustehende Forderung ohne Einwilligung des Schuldners an einen andern abtreten, soweit nicht Gesetz, Vereinbarung oder Natur des Rechtsverhältnisses entgegenstehen.
A creditor may assign a claim to which he is entitled to a third party without the debtor’s consent unless the assignment is forbidden by law or contract or prevented by the nature of the legal relationship.
Source: Fedlex, Code of Obligations. In Corrext, this segment and the ones around it appear in Fast lookup CHnell, each with its reference.