Özet:

In the transfer of future receivables, at the moment when the disposition (assignment contract) is established, it is never necessary, according to the prevailing view in the doctrine, that the receivable that is the subject of the assignment be determined in terms of the debtor’s person, legal reason and amount. The “certainty” at the time of “birth” of the receivable that is the subject of the disposition (assignment) is sufficient for the assignment to be valid. The Swiss Federal Court has also adopted this view. However, the dispositional character of the assignment has led to the advocacy of the application of the “property (Spezialitaet)” or “specificity” principle regarding the subject of the dispositions in the property law. According to the parties of this view, if receivables subject to disposition are not “determined” at the time of the establishment of the assignment agreement, there is only an “assignment commitment” here. This view has practical implications, especially for Factoring-Zession. Below, firstly, the “certainty/determinability” condition in the transfer of future receivables is mentioned, and then the subject is discussed in the context of “Factoring-Assignment”.

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