Article 3:94 Formal delivery of debt-claims to name c.a.
- 1. In situations other than those provided for in the previous Article debt-claims to be exercised only against one or more specific persons are delivered formally by means of a private or notarial deed, drawn up for this purpose between the alienator and the acquiring party, followed by the notice thereof given by the alienator or the acquiring party to the persons against whom the debt-claim is to be exercised
- 2. The formal delivery of an existing debt-claim to be exercised only against a specific person whose identity, however, is still unknown at the moment on which the private or notarial deed is drawn up, has retroactive effect to that moment, if the necessary notice of the transfer is made with due speed as soon as the identity of this person has become known.
- 3. These debt-claims [debt-claims to name] can also be delivered formally by means of a notarial deed or a registered private deed, drawn up for this purpose between the alienator and acquiring party, without giving notice thereof to the persons against whom these debt-claims are to be exercised, provided that these debt-claims already exist at the moment of formal delivery or that they will be obtained directly on the basis of an at that moment already existing legal relationship. The acquiring party can only invoke the formal delivery against the persons against whom these debt-claims are to be exercised after these persons have been notified of the transfer, either by the alienator or the acquiring party. For a party who has acquired a debt-claim which is delivered formally to him in accordance with the first sentence of the present paragraph, Article 3:88 paragraph 1 has only effect if his good faith is still intact at the time on which the notice meant in the second sentence was given.
- 4. The persons against whom the debt-claim is to be exercised, may demand that a written summary of the notarial or private deed and of its legal basis are handed over to them. These summaries must be certified by the alienator, but they do not have to include terms and conditions which are of no importance for other persons then the parties to the transfer themselves. When the legal basis is not put down in a notarial or private deed, a summary of its content must be presented in writing.