Emiel Schipper is working on a dissertation with the working title 'International assignment of claims'.
In cross-border assignments multiple legal systems come together. That raises questions on the applicable laws. In 2018 the European Commission published a proposal containing conflict rules on the third-party effects of assignment. This proposal aims to contribute to the internal market for the assignment of claims by providing clarity in the applicable law(s). However, in its current state, the Commission's proposal is not entirely clear and raises many questions on its own interpretation, its relation to the existing conflict-of-laws rules on assignment, and its effect on the internal market. This reasearch focusses on the proposal and the questions that it incites.
This research consists out of a thorough and critical analysis of the Commission’s proposal. It deals with:
- The interpretation of the proposed regulation;
- The interplay between Commission’s proposal and the Rome I regulation as well as other international instruments, such as the UN Convention on the Assignment of Receivables in International Trade (UNCARIT) on the other hand; and
- The effect of the proposed conflict-of-laws rules on the internal market.
Furthermore, the research is supported by a large comparative study. The comparative part mainly, but not exclusively, consists of an analysis of Belgian, Dutch, English, and German law.