Jump to Content Jump to Main Navigation

18 Assignment and Subrogation

From: The Rome I Regulation on the Law Applicable to Contractual Obligations

Michael McParland

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 14 July 2024

Subject(s):
2c09bf59-41c0-4af3-b762-63601166f1cb — 6de7d0c4-c43c-4a0c-a6cc-03b1864f2625 — 88b20da6-8b42-4113-85e7-8573f0951bf7 — 3b23fdc2-c5f4-4e21-8cbc-816e4a457125

This chapter explains Articles 14 and 15 of the Rome I Regulation. Article 14 provides conflict rules relating to voluntary assignments and contractual subrogation. Article 15 applies to subrogation by operation of law, where a third person has a ‘duty’ to satisfy the creditor and/or has in fact satisfied the creditor in discharge of that duty. In contrast to Article 14, which requires a voluntary, contractual subrogation of such a claim, Article 15 is engaged where the law imposes a duty on the third person to pay.

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.