Define: Cessionary

Cessionary
Cessionary
Full Definition Of Cessionary

A cessionary is a party who receives the rights and obligations of a contract or agreement from the original party, known as the cedent. The cessionary assumes all the rights and responsibilities of the cedent, including the right to enforce the terms of the contract and receive any benefits or payments due. This transfer of rights and obligations is typically done through a legal process known as cession, which requires the consent of all parties involved. The cessionary must comply with the terms and conditions of the original contract and be bound by its provisions.

Cessionary FAQ'S

A cessionary is a person or entity that receives the rights and obligations of a contract or agreement from the original party, known as the assignor.

A cessionary acquires rights and obligations through a legal process called assignment, where the assignor transfers their rights and obligations to the cessionary.

As a cessionary, you gain the rights and benefits outlined in the original contract or agreement. This may include receiving payments, accessing certain resources, or enjoying other privileges.

Generally, a cessionary cannot modify the terms of the original contract without the consent of the assignor and all other parties involved. However, specific circumstances and legal provisions may allow for modifications.

Yes, a cessionary can transfer their rights and obligations to another party through a process called sub-assignment. However, this is subject to the terms and conditions of the original contract and any applicable laws.

If the assignor breaches the original contract, the cessionary may have legal recourse to seek damages or enforce the terms of the agreement. It is advisable to consult with an attorney to understand the specific remedies available.

A cessionary typically does not have the authority to unilaterally terminate the original contract. However, they may have the right to terminate the assignment itself if certain conditions are met, as outlined in the contract or by applicable laws.

If the assignor becomes bankrupt or insolvent, the rights and obligations assigned to the cessionary may be subject to the laws and procedures governing bankruptcy or insolvency. It is important to consult with an attorney to understand the implications in such situations.

Yes, for a valid assignment to occur, certain legal requirements must be met, such as the consent of all parties involved, proper documentation, and compliance with any applicable laws or regulations. It is advisable to seek legal advice to ensure compliance with these requirements.

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Disclaimer

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: 26th April 2024.

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