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NeCede's

Maxim 4.4.20

An assigner is clothed with the rights of his principal.

Source: Halk. Max. 14; Broom, Max. 3d Land. ed. 415; Wing. Max. 56; Weisman, 4i Difficulty 3/5 — Intermediate

Explanation

(English-origin maxim.) An assignee steps into the shoes of his assignor and holds the same rights the assignor possessed — cite this to establish that an assignee may enforce every right the principal could have enforced.

Where this applies

  • A creditor assigns his right to collect a debt to a collection agency; the agency steps into the creditor's shoes and may enforce every right the original creditor had.
  • A patent holder assigns her patent to a company, which then sues an infringer; the court confirms that the assignee holds the same rights the original inventor possessed.
  • A landlord assigns his lease to a new owner, who then has the same rights to collect rent and enforce lease terms as the original landlord did.

Legal domains

Cite this maxim

NeCede Max. 4.4.20 — An assigner is clothed with the rights of his principal. — Halk. Max. 14; Broom, Max. 3d Land. ed. 415; Wing. Max. 56; Weisman, 4i

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