The conclusion of an assignment contract, having as derivative object a right of claim, most of the time does not raise special problems, in case the right of the claim itself is transferable.

However, if the material object of the contract is salary rights, it is necessary to distinguish between the existence of an employment contract that produces its legal effects and the case where such a contract has ceased to have legal effects.

In the first case, I consider that the assignment of salary rights is not possible, the sanction being the absolute nullity of the contract, and in the second case, the salary right can be transferred considering the termination of the effects of the individual employment contract.

If you want to read our entire article you can download it by click on it the following link: