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Abstract
Two years ago, the British Institute of International and Comparative Law published a report titled 'Study on the question of effectiveness of an assignment or subrogation of a claim against third parties and the priority of the assigned or subrogated claim over a right of another person'. This dealt with the possibility of introducing a uniform EU-wide conflict of law rule for the enforceability of assignments against third parties. The 415-page study consists of a legal, statistical and empirical analysis, as well as recommendations and drafting proposals. The study will serve as the basis of the European Commission's report under Article 27(2) of the Rome I Regulation (Regulation (EC) 593/2008) on a possible new EU conflict of law solution for the third party aspects of assignment and the priority of claims. The report will propose, if appropriate, a general conflict rule, which amends the Rome I Regulation so as to cover all proprietary aspects of an assignment and an assessment of the impact of any proposed amendment. The report proposes, therefore, one rule for all proprietary aspects of an assignment and suggests that the Rome I Regulation should be amended so as to clearly separate the contractual aspects of an assignment under article 3 from the proprietary aspects under article 14.