Subject of Dispute: Invalidation of Assignment of Claims under Credit and Mortgage Agreements between Individuals and the Company.
Main Court Arguments:
1. The court deviated from previous practice and established that assignment of claims under a credit agreement may occur not only in favor of financial institutions.
2. In this case, the bank “Porto-Franco” was in the liquidation procedure and therefore had the right to sell assets to any person on a competitive basis.
3. The original assignment of claims agreement was concluded during the bank’s liquidation process following an auction, which makes subsequent agreements lawful.
Court Decision: Reject the claim for invalidation of assignment of claims agreements and recover court expenses from the plaintiff in favor of the defendant.
