The transvesting (or translative) act of law is the assignment agreement (pactum cessionis), i.e. the effective agreement between the assignor and the assignee to assign the right to the assignor`s services and transfer it to the assignee. Transferred reinsurance concerns the portion of the risk that an initial insurer remits to a reinsurer. It allows the initial insurer to reduce its risk compared to an insurance policy it takes out by transferring this risk to another company. Direct insurers are also designated as assignors, while the reinsurance company is also designated as a host company. In return for taking over the risk, the reinsurance company receives a premium and pays the claim for the risk it assumes. According to Statista.com, in 2017, Munich Re was the world`s largest reinsurer or received insurance sold when the company had net premiums of about $36 billion. At the end of the performance of the assignment contract, the receivable is definitively transferred to the recipient of the assignment. From that date, the assignment may not be revoked unilaterally by either the assignor or the assignee. Section 136(2)(a) of the Act allows a practitioner to suspend any obligation of the company arising from an agreement in which the company participated at the beginning of the rescue proceeding. You will remember that, upon transfer, the assigned receivable becomes an asset in the assignee`s estate.
Once the assignor`s debt had been repaid to the assignor, the assignment would be unduly enriched if it retained the [prior] receivable of the assignor, since it would have received both the assignor`s money and the receivable. In such circumstances, a resolutive agreement comes into play. See for example Lief v Detmann 1964 (2) SA 525 (A), where it was said that if you banned all political advertisers, you would have ceded the platform to the largest sites and accounts of that platform. An often overlooked principle is that the assignment is akzesso or in nature. Their validity depends not only on compliance with the common law, but also on the existence of a principal obligation in force. In the event of a breach of security, the assignment guarantees payment of the secured debt. These principles come from a judgment of the Appeal Division (as it was at the time) of Kilburn in 1931 against Kilburn and may even have existed before. This is the assignment accessory that the Supreme Court of Appeal (SCA) recently upheld in Brayton Carlswald (Pty) Ltd and Another v Brews (245/2016)  ZASCA 68. The Tribunal considered whether it was legally entitled to assign a claim after the underlying commitment had expired by payment. The assignor and the assignor have two choices for the preparation of the assignment contract. The territory can also be transferred to payment, for example.B. to the Louisiana Purchase and Alaska Purchase.
The essential elements of the assignment contract are as follows: in a schematic form, the assignment contract is between: the judgment contains important lessons for the parties and their lawyers who depend on the assignment to ensure security. A claim that is assigned must be an existing claim. The claim that leads to the claim is settled by payment. Therefore, if a receivable is to be assigned, it is important to ensure that the debt is not paid before the receivable is assigned. A bloody conflict ended with a ceasefire that declared the right of militants to introduce Sharia law into the Swat region. . . .