3 Amendments of Evelyne GEBHARDT related to 2018/0044(COD)
Amendment 40 #
1a. This regulation is without prejudice to EU and national law on consumer protection.
Amendment 41 #
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) assignment of claims arising from matrimonial property regimes, property regimes of relationships deemed by the law applicable to such relationships to have comparable effects to marriage, and including registered partnerships, wills and succession;
Amendment 53 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 2 a (new)
Article 4 – paragraph 1 – subparagraph 2 a (new)
Third-party effects of an assignment of claims where the assignee is acting as a natural person for a purpose which can be regarded as being outside his trade or profession (consumer) and where the assignor is acting in the exercise of his trade or profession shall be governed by the law of the country where the assignee has his habitual residence, provided that the assignor: (a) pursues his commercial or professional activities in the country where the assignee has his habitual residence, or b) by any means, directs such activities to that country or to several countries including that country. Assignor and assignee may choose the law applicable which fulfils the requirements, in accordance with this Article. Such a choice may not, however, have the result of depriving the assignee of the protection afforded to him by provisions that cannot be derogated from by agreement by virtue of the law which, in the absence of choice, would have been applicable on the basis of this paragraph.