DCC 188/2006 on 13/3/2007
Type
Case
Court
Dubai Court of Cassation
Jurisdiction
Dubai, United Arab Emirates
Taxonomy
General Contract Law
Decision date
13 Mar 2007
Catchwords
Right Assignment - Contract
This case involved the importance of an agreement between the assignor and assignee on the assignment of rights,
Background
This case involved the assignment of the right of recovery.
Decision
The court was guided by the provisions of Civil Code (Federal Law No. 5/1985) relating to the assignment of debts and obligations in determining the validity of an assignment of a right. The court held that an assignment of a right takes place by agreement between the assignor and the assignee as against the obligor. An assignment in that respect was a contract between the assignor and the assignee, which must satisfy all of the necessary elements including consent, subject matter and cause.