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- Title
LA CESIÓN DE DERECHOS DE CRÉDITO DE NATURALEZA JURÍDICO-ADMINISTRATIVA: EN EL ÁMBITO DE LA CONTRATACIÓN PÚBLICA Y DE LA RESPONSABILIDAD PATRIMONIAL DE LA ADMINISTRACIÓN.
- Authors
Navarro Manich, José Alberto; Panadés Jordà, Pau
- Abstract
The Supreme Court, in its judgment dated 22 January 2020, held that the assignment of public-law credit rights is not generally permitted and that the provisions of the Civil Code governing the assignment of credits are not of subsidiary application. According to the judgment, only credit rights recognised by an administrative act or by final judgment are assignable. This calls into question the assignment of future credits in areas such as the patrimonial liability of the State and public procurement. Nevertheless, the judgment of the Supreme Court itself clarifies that this ruling only affects the assignment of credits arising from the patrimonial liability of the State, which was the factual background of the judgment. This article presents the regime on the assignment of public-law credit rights and assesses the scope of the Supreme Court's ruling of 22 January 2020 to determine if the ruling implies a change in the framework that has been applied to the assignment of future credits rights in connection with public authorities (particularly in the field of public procurement and patrimonial liability of the State) or if the legal framework remains unchanged.
- Subjects
PUBLIC law; GOVERNMENT purchasing; PUBLIC contracts; GOVERNMENT liability; LEGAL judgments; ADMINISTRATIVE acts; APPELLATE courts; CIVIL liability
- Publication
Actualidad Jurídica (1578-956X), 2021, Issue 55, p45
- ISSN
1578-956X
- Publication type
Article