Explain briefly the consequences of personal rights When is cession not allowed?

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1145710

2026-04-25 01:51

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Cession is the process by means of which the rights are transferred by one party (the cedent) to another (the cessionary). The effect of a cession is that the cedent substitutes the cessionary for himself in his capacity as creditor. But the cedent remains the debtor in terms of the contract as far as he has any duties under that contract. Generally, cession can take place without consent of, or even notice to, the debtor. But where the right is of so personal a nature that the debtor has substantial interest in making performance to one person only, then cession cannot validly take place without his consent. So , for example, employment contracts cannot be ceded without the employees consent. Also, the debtor has to consent where part of debt is ceded, or where the contract requires his consent. Civil servants' salaries cannot be ceded without the written permission of the accounting officer.

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