PIL.OT / DEVELOPMENT
PIL.OTv0.62.2
Emiel Schipper analyses which laws govern the assignment of future claims under EU private international law and the assignment’s effectiveness against the insolvent estate when the assignor becomes bankrupt. Different laws governing the existence and transfer of the claims and the insolvency proceedings may apply at the same time, producing inconsistent outcomes in cross-border situations.
The analysis reviews the substantive laws of a number of Member States and discusses three examples of unintended outcomes. It considers adaptation capable of preventing those outcomes, but cautions that the mechanism may affect the assignee’s legal certainty; as a general rule, the assignment should be rendered ineffective against the insolvent estate only where all the jurisdictions involved intend that result.
Which laws govern the assignment of future claims and its effectiveness against the assignor’s insolvent estate, and whether conflicting outcomes produced by those laws may be prevented through adaptation.
The analysis treats the assignment’s effectiveness against the insolvent estate as a result of the interaction between the rules governing the claims, the assignment and the insolvency proceedings, rather than as a question governed by a single law. It identifies adaptation as a possible solution while limiting its use in light of the assignee’s legal certainty.
European Insolvency and Restructuring Journal · 2026
DOI 10.54195/eirj.27676