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We are committed to staying up to date with the legal developments in all the sectors that we work in, and our lawyers provide regular insight and commentary on developments across Africa's legal landscapes.

28 May 2026 Article

Cedents beware: No enforceable claim, no standing

Cession is a widely used mechanism through which personal rights are transferred from one party to another. It may operate either as an outright transfer of rights or as a means of providing security for an underlying legal obligation. The legal obligation to cede (transfer) a personal right is typically created in an underlying (obligatory or obligationary) agreement (the causa ). That obligation is then fulfilled by concluding a separate cession agreement, which actually effects the transfer of that right. Alternatively, both agreements may be recorded in a single document. These are distinct juristic acts and ought not to be conflated, especially where they are contained in one document or are subject to the fulfilment of the same condition(s) precedent.

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We are committed to staying up to date with the legal developments in all the sectors that we work in and our lawyers provide regular insight and commentary on developments across Africa's legal landscapes.