ABOUT SECURITIES IN THE DYNAMICS OF OBLIGATIONS AS A RESULT OF ASSIGNMENT OF CLAIM, PERSONAL SUBROGATION AND NOVATION

Abstract

Throughout this paper we aim to analyse the securities of obligations involved in the process of obligation dynamics. To this end, we will address the legal framework of securities, when they are involved in legal operations of transfer of obligations by assignment of claim and personal subrogation, as well as in their transformation by novation. We will limit our study to the fate of accessory securities, i.e. the causes of preference and suretyship, without addressing the issue of autonomous guarantees. The main topic will focus on the effects that the dynamics of obligations have on the sphere of securities and, only tangentially, on other aspects related to the problem.