Assignment of debts and Scotland vs England?

debt_mountain · 1st June 2007, 09:56

All

A CAG/Cabot collegue of mine said something to me earlier about Scotland and it made me think-

If the original agreement was signed in Scotland and therefore governed by Scottish law can this be assigned in the same manner as an English agreement?

I assume the new agreement will been governed by English law. Can it switch from 1 jurisdiction to the other?

Were the agreements all Scottish law? They were all allegedly signed by me on Scottish ground (I have never live out of Scotland) and as the agreements etc don't exist they cannot prove if it was Scottish or England law, but I can prove that I have always lived in Scotland.

I need to dig some more.

Answers on a postcard please.

Robertxc · 3rd June 2007, 11:54

I'm pretty certain it can be assigned as normal. worth checking out though.

rory32 · 3rd June 2007, 15:30

My understanding is that it can be governed by English Law but only if this is not viewed as an attempt to avoid the obligations of Scots Law.

I assume your point is to do with the Scots law of contracts and 'ius quaesitum tertio'.

Seahorse · 3rd June 2007, 15:44

Quote:

'ius quaesitum tertio'

Wassat mean, then???????

rory32 · 3rd June 2007, 15:49

Rights of third parties, seahorse.

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