Party Autonomy in International Property Law - Peace Palace Library

9. Party Autonomy and Assignment
the background of the substantive law issues at stake, it appears that there
is no reason to be afraid of party autonomy. From the perspective of property
law, it has been established that all of the characteristic issues of
assignment in substantive law can be adequately dealt with by a conflict
rule allowing the assignor and the assignee to choose the governing law.
In so far as other ‘third party effects’ of assignment (public filing, voidable
preference, attachment) and (distributive) ‘priority’ are concerned:
they are outside the scope of a conflict rule for the proprietary aspects of
assignment and accordingly do not need to be a matter of concern when
allowing party autonomy for the proprietary aspects of assignment.
Hendrik Verhagen
205
© sellier. european law publishers
www.sellier.de