Onoverdraagzaamheid van vorderingen krachtens partijbeding

Cunent Dutch law assumes the principle that claims are transferable as sets without the consent or co-operation of the debtor. The transferability of claims has not always been a given. For many years, the personal relationship between the creditor and debtor was emphasized. In practice though, financial markets require claims to be easily tradable, and therefore transferable. Over the years, the law aligned itself with this desired principle, by abandoning the idea that a claim should be qualified as a purely personal right. There is no objection against the transferability of claims, because the content of the claim - and therefore the level of performance required from the debtor- is not altered by changing the person of the creditor. There are a few exceptions to this general rule though. Under certain circumstances, the position of the debtor can deteriorate in a legal or practical sense upon transfer. ... Zie: Summar