Applying the Assignment Institution in the Pharmaceutical Market: Legislative Lacunae or Unconstitutionality?

Abstract

Romanian Civil Code provides by Article 1566 that the assignment of debt is a way of forwarding a claim the transferor holds against a third party. Therefore, when signing by the parties of the debt assignment contract, the claim goes out of the assignor’s property and is validly entrusted to the transferee (assignee). In this paper, we try to show the effects of the contract which are in accordance with Article 1575 NCC respectively between the parties, from the date of signing of the contract and to the assigned debtor from the date of assignment notification or acceptance. In the pharmacy market, this institution is used to ensure that medicine suppliers secure the value of the products they sell, as they conclude debt assignment contracts with their debtors for passing their claims against Health Insurance Houses.