According to art. 460 civil code (CC), the assignment develops its effects against the debtor and third parties only after the announcement. The present study examines the question of whether this rule is mandatory or submissive, ie whether it can be amended by agreement of the lender and the debtor of the assigned claim.

If the answer is yes, the parties to the debt will be able to agree either that it will not be enough or that no announcement will be required for the effects of the assignment, and not just against those directly involved, the assignor, the transferee and the debtor. , but also against all third parties, such as in particular the creditors of the transferor and the transferee.

It follows from the teleological approach of art. 460 CC that the legal certainty sought by the lender in relation to the debtor's person is not realized to the same extent with regard to the debtor and with regard to third parties, as the announcement completing the divestiture is not a publicly available event. Therefore, the protection provided by the provision of art. 460 CC for announcement as a condition of the assignment is, in the case of third parties, indirect, in the sense that it depends on the protection of the debtor: The purpose of art. 460 CC is to inform the debtor with a as safe as possible any change in the creditor of the claim and not in providing third parties with knowledge of the person of the actual creditor at any given time. Since art. 460 CC is not intended to protect third parties, but only the debtor, any modification of the conditions for the assignment of the claim, which does not harm the interests of the latter after it has been agreed by him, applies in principle to all, even if in practice the This amendment adversely affects the interests of third parties. This position applies equally to the intensification and to the modification of the conditions set by art. 460 CC, including the complete abolition of the announcement as a condition for the execution of the assignment.

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