THE BULK ASSIGNMENT OF RECEIVABLES AND ITS FUNCTIONAL APTITUDE: FROM THE CAUSAL PROFILE OF THE INSTITUTION TO THE ISSUE OF PROOF OF ASSIGNMENT
The article offers a reflection on the phenomenon of the bulk assignment of credits and aims, in particular, to highlight a functional attitude of the institution, showing how its instrumentality with respect to the cause of the contract from which it arises makes the institution suitable for fulfilling purposes other than the mere and simple transmission of the credit right. Having outlined the causal profile of the bulk assignment of credits, the operation is analysed from a substantive as well as a procedural point of view, in terms of the active legitimization of the assignee.
Key words: assignment of receivables, bulk credits, credit securitization, proof of assignment, legal standing to sue.