Assignment of Rights in the Arbitration Practice

The purpose of the work was to define the concept and to disclose the legal nature of the assignment of a right, and to solve some of the problems identified in arbitration practice. The work is presented on 90 pages, structurally consists of an introduction, the main part, which includes two chapters, each of which consists of three paragraphs, conclusion, list of sources used, application. In §1 of Chapter 1 of the work the place of assignment of a right in the system of legal facts was determined: given the concept and characteristic of the assignment of a right as a transaction. In §2 of Chapter 1 of the work the parties of the assignment of a right were identified and the value of the debtor's consent to the assignment of a right was revealed, when this consent is compulsory. In §3 of Chapter 1 of the work the nature of the assignment of a right as an transaction is proved, and the difference between the agreement of the assignment of the right and the transfer of the right from one person to another person is demonstrated. In §1-2 of Chapter2 of the work some unresolved problems of assignment of rights are considered and solutions are proposed, in particular, for the following problems:1)the so-called problem of «gratuitous/non- gratuitous»;2)the problem of abstraction/causality. In §3 of Chapter 2 of the work some problematic aspects that arise with the determination of the scope of the assignor's rights passing to the assignee are analyzed and answers are given, in particular, to the following questions:1)which additional rights automatically pass to the assignee upon assignment of the main right;2) which additional rights can be assigned without assignment of the main right;3)what is the fate of some additional rights with a partial assignment of the main right. The conclusion of the work contains the main inferences that were made as a result of the analysis of doctrinal sources, legal regulation, including international, and law enforcement practice.