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HGPLC230-1 Video 10.1 - 10.2 Cession - Coggle Diagram
HGPLC230-1 Video 10.1 - 10.2 Cession
Cession
Bilateral
Cedent
Cessionary
Debtor need not be aware
Transfer of creditor's rights
Personal right
SIMILAR to ownership of item
Requirements
Subjective intention (animus transferendi et accipiendi [intention to transfer or receive])
Corporeal Element
Transfer of physical possession
Not a contract
Transfer of real right
VS Delegation
Substitution of debtor
All parties have to agree
VS Subrogation
Where insurer "step into shoes" of policyholder
Insurer suing in the name of the insured
VS Authorization to pay to another party
Creditor retains right to demand payment
VS 3rd party beneficiary (Stipulatio alteri)
3rd party is beneficiary, not creditor
VS Mandate to collect payment of behalf of another
Requirements
Cedent must be entitled to dispose of right