Cessio actionum, a legal term from ancient Rome, refers to the act of granting someone else the authority to sue on your behalf and retain any monetary rewards they obtain. It can be likened to lending a toy to a friend, who then gets to keep it if they emerge victorious in a game.
Cessio actionum, a term in Roman law, involves the transfer of an obligation to a third party who can then sue on behalf of the entitled party and keep the proceeds. For example, if John owes $100 to Mary, she can transfer her right to collect the $100 to a debt collector through cessio actionum. The debt collector can then sue John for the $100 in Mary’s name and keep the money collected. This demonstrates how cessio actionum allows for the transfer of the right to collect an obligation to a third party who can then sue on behalf of the entitled party and keep the proceeds.
Cessio Actionum is a legal term that refers to the transfer of legal claims or actions from one party to another. It allows the assignee to pursue the claim on behalf of the assignor.
Both individuals and legal entities can initiate a Cessio Actionum, provided they have a valid legal claim or action that they wish to transfer to another party.
The purpose of Cessio Actionum is to allow the assignor to transfer their legal claims or actions to another party who may be better equipped to pursue them. It can be used to facilitate debt collection, litigation, or other legal matters.
Yes, Cessio Actionum is legally binding once both parties have agreed to the transfer of the legal claims or actions. It is important to have a written agreement or contract to ensure the validity and enforceability of the transfer.
In general, most types of legal claims can be transferred through Cessio Actionum. However, there may be certain exceptions or limitations depending on the jurisdiction and specific laws governing the transfer of claims.
There may be certain restrictions on who can receive the transferred claims through Cessio Actionum. For example, some jurisdictions may require the assignee to be a licensed attorney or a qualified legal entity.
Once the legal claims or actions have been transferred through Cessio Actionum, the assignor typically relinquishes their involvement in the proceedings. The assignee becomes responsible for pursuing the claims on their own.
In some cases, Cessio Actionum can be revoked or canceled if both parties agree to do so. However, it is important to consult with a legal professional to understand the specific requirements and implications of revoking or canceling the transfer.
If the assignee fails to pursue the transferred claims, the assignor may have the right to revoke the Cessio Actionum and regain control over the claims. However, this will depend on the terms of the agreement and the applicable laws.
Cessio Actionum can be used in international legal matters, but it is important to consider the laws and regulations of both the assignor’s and assignee’s jurisdictions. It is advisable to seek legal advice to ensure compliance with all relevant laws and to address any potential challenges.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 16th April 2024.
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