An Optimal Conflict Rule for Assignment - European Review of Private Law View An Optimal Conflict Rule for Assignment by - European Review of Private Law An Optimal Conflict Rule for Assignment 28 1

In this contribution the proposal by the European Commission for a set of conflict rules for the third-party effects of cross-border assignments is critically reviewed, with special reference to securitizations and similar receivables-based transactions. The conclusion is that the current version of this proposal is too rigid to provide the optimal solution for the future European capital market. Such optimal solution can only be reached when party autonomy is allowed to prevail.

European Review of Private Law