He is repelled by the exception of actions to be assigned.

Explanation

A party who has failed to assign or transfer an action when required may be barred by the exception — the defense lies against him who has neglected to cede what ought to have been ceded.

Where this applies

• An insurance company pays a claim for a car accident but fails to obtain the insured's right to sue the at-fault driver — the insurer is barred from later bringing the subrogation action it should have secured.
• A surety who pays a creditor on behalf of the debtor neglects to get a formal assignment of the creditor's claim — the surety cannot later sue the debtor in the creditor's name.
• A factor who settles a client's debt but doesn't obtain an assignment of the client's counterclaim against the debtor is blocked from pursuing that counterclaim.