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The cedent must have a primary claim against the debtor.
The cedent must be entitled to dispose of that personal right.
In other words, once the loan is paid off, the rights revert to the cedent.
The cedent does not fall out of the picture completely but retains what is known as a reversionary interest.
The cedent may no longer claim fromm the debtor.
The debtor may raise against the cessionary any defence available to him that he would have had against the cedent.
It is an agreement to divest the cedent of the right and vest it in the cessionary.
Cession transfers a claim from the estate of the cedent to that of the cessionary.
The debtor is, however, released if he performs towards the original creditor (the cedent) in good faith and without knowledge of the cession.
A cession agreement must be concluded between the cedent and the cessionary, giving the latter causa for the ceded claim.
The original creditor (cedent) loses his right to claim and the new creditor (cessionary) gains that right.
The cedent cannot cede the same claim more than once; nor can he confer upon the cessionary any greater right than the cessionary has himself.
We would all allow the fact that you have earned the prize of humanity, and yet there would remain the fear of setting an undesirable pre- cedent."
As a general rule, once the cession has taken place, the debtor can validly perform only towards the cessionary, because the cedent is no longer the creditor.
In a pledge of a personal right, the ownership of the personal right is retained by the cedent, while only quasi-possession is transferred to the cessionary (pledgee).
It is in substance an act of transfer or oordragshandeling by means of which the transfer of a right (translatio juris) from the cedent to the cessionary is achieved.
MemMern Bar-El, relying upon that judicious pre- cedent, had appealed to the rabbis for a declaration that the present siege was such a mortal moment and they had agreed.
Under the civil law system, cession is the equivalent of assignment, and therefore, is an act by which a personal claim is transferred from the assignor (the cedent) to the assignee (the cessionary).
Cession is an act of transfer of a personal incorporeal right or claim from the estate of the cedent (transferor) to that of the cessionary (transferee) by means of an agreement between the two; it is the substitution by contract, known as a cessionary agreement, of one creditor for another.
If the debtor is unaware that his obligation is to a new creditor (i.e., the cessionary), he may still discharge his obligation to the cedent, in which case the cessionary will lose his claim (although he may have an action for unjustified enrichment against the cedent).