Académique Documents
Professionnel Documents
Culture Documents
1624-1635)
1. Definition and Nature of Assignment
Assignment is the process of transferring the right of assignor to assignee who would then have
the right to proceed against the debtor. The assignment may be done gratuitously or onerously [?], in
the latter case, the assignment has an effect similar to that of a sale. xLicaros v. Gatmaitan, 362
SCRA 548 (2001).203
In its most general and comprehensive sense, an assignment is a transfer or making over to
another of the whole of any property, real or personal, in possession or in action, or of any estate or
right therein. It includes transfers of all kinds of property, and is peculiarly applicable to intangible
personal property and, accordingly, it is ordinarily employed to describe the transfer of non-negotiable
choses in action and of rights in or connected with property as distinguished from the particular item or
property. xPNB v. CA, 272 SCRA 291 (1997).
2. Perfection by Mere Consent (Art. 1624)
200Vaca
When dacion en pago takes the form of an assignment of credit, it produces the effects of a dation
in payment, which may extinguishes the obligation; however, by virtue of the warranty in Art. 1628,
which makes the vendor liable for the existence and legality of the credit at the time of sale, when it is
shown that the assigned credit no longer existed at the time of dation, then it behooves the assignor to
make good its warranty and pay the obligation. xLo v. KJS Eco-Formwork System Phil., Inc., 413 SCRA
182 (2003).
6. Right of Repurchase on Assignment of Credit under Litigation (Arts. 1634 and1635)
204Lo
205Sison
CA,
358 SCRA 626 (2001); .Aquintey v. Tibong, 511 SCRA 414 (2006); Ledonio v. Capitol Devt Corp., 526 SCRA 379 (2007).
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