Claim subject to forced enforcement that was assigned. Opposability of assignment of debt. Notification of assignment of debt. Modalities to notify the assignment of the receivable to the assigned debtor

DREPT CIVIL ŞI PROCESUAL CIVIL

Abstract

Article 1578 para. 1 letter b of the Civil Code provides, for the opposability of the assignment to the assigned debtor, that the assignment be notified to said debtor, but without providing the modality to notify or that it must be made personally, consequently the notification is valid if it is made according to the general rules of communication between natural and/or legal persons, applicable to the method chosen by the sender. 

Whereas the assignment of debts were notified at the domicile of the debtor indicated in  the credit agreement, a domicile which is current, being mentioned also in the request for summons and the request for appeal, and, according to the communication rules of the Romanian Post, communication through the internal correspondence service with AR is valid when the confirmation is signed by a member of the recipient's family (in our case by 
the mother), the violation of the provisions of Article 1.578 of the Civil Code is not applicable.