Chile: Chile
October 01, 2000
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Claro y Cia
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One of the main problems related to the assignment of
receivables in international trade is determining the extent of the
rights that are being assigned (also those rights that relate to
the validation of the assignment of future receivables and
anti-assignment clauses). Every legal system, therefore, aims to
enact rules that provide certainty to the parties involved.
In the event of a conflict of laws, and in the absence of a
governing law provision, the formal and substantive requirements of
a purchase and assignment agreement are governed by the laws of the
place where the agreement is executed. However, all the effects of
the agreement (ie the rights and obligations arising from it) that
take place in Chile must be...
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