Cessio legis During Court Proceedings for Payment: Withdrawal of the Suit with a Waiver of the Claim Resulting in Damage to the Purchaser of the Claim

<p>The article is of a scientific-research nature. The author based her conclusions on the literature and jurisdiction regarding assignment claims withdrawal lawsuit with waiver claim. A hypothetical situation presented, in which plaintiff, during proceedings concerning claim for payment, assigns to third party covered by lawsuit, after entering into dispute. purchaser entitled enter proceedings, pursuant Article 192 point 3 Code Civil Procedure, consent opposing (defendant). In practice, judicature extends interpretation this provision both parties proceedings. problem arises plaintiff does not being replaced. latter may thus be deprived court through no fault his own. addition, current longer has any interest continuing withdraw effect waiving will be, way, releasing defendant from debt, changing nature natural obligation. above-mentioned action seller process, cause damage up amount withdrawn together indicates possibility broader perspective subjective changes process material legal effects parties’ formal actions.</p>