The Contractual Prohibition on Assignment in Ukraine and Other Legislations in Central and Eastern Europe – A Call for Coherence

Abstract

This paper examines the effect of a contractual prohibition on assignment in the light of a future integration of the Ukraine into the European Union and the Single European Market. The approach adopted by the Ukrainian legislator to allow parties to exclude the assignment of receivables is being compared to the provisions of other national legislations in Central and Eastern Europe. A brief comparative overview reveals the need to provide a harmonized approach to the anti-assignment clause. The paper proposes the adoption of the provisions of the Draft Common Frame of Reference with regard to the contractual prohibition on assignment due to its balanced legal approach.