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Formalism and Litigation in Dailly Transfers
The process of Dailly transfer has often been a subject of legal disputes, with the formalities surrounding it being a potential source of ongoing litigation. In this context, a company transfers its claim against a customer to a credit institution through a Dailly slip. However, complications arise when the assigning company goes into receivership and subsequently faces judicial liquidation.
This heading refers to the difficulties and legal issues that can arise during Dailly transfers, specifically related to formal requirements and the validity of such transfers. It encompasses the complexities surrounding the proper execution of Dailly transfers and the potential disputes that may arise due to non-compliance with formalities or challenges to their validity. These challenges can involve issues such as conflicting dates, missing or incorrect information, and disagreements regarding the legal requirements for a valid transfer.
Irregularity of Transfer Slips and Manager’s Guarantee
In a specific case, a manager who acted as a guarantor opposes the declaration of a claim by an assignee bank, citing the irregularity of the transfer slip. The manager points out that an invoice was assigned to the bank through a deed of assignment, which included a stamp mentioning “assignment accepted” with a contradictory date. According to the manager, the deed of transfer should only have one date.
Despite the manager’s argument, it was rejected at all stages of the legal proceedings. The courts considered the transfer slip to be regular, with the chosen date of transfer being October 31, 2006. While the Court of Cassation does not explicitly affirm this reasoning, it is primarily due to the fact that the date is not a mandatory requirement for the slip. Although the date holds importance, its absence does not render the slip null and void.
The debate surrounding the date’s significance in the transfer slip is limited, as the courts maintain that its inclusion is not a condition for the validity of the slip. While the manager’s argument was dismissed in this particular case, it highlights the complexity and potential for disputes in Dailly transfers.
