What is assignment of claims (cessie) under Dutch law?

Dutch term: Cessie | Legal basis: Article 3:94 BW

Assignment of claims (cessie) under article 3:94 of the Dutch Civil Code is the transfer of a receivable from the original creditor (cedent) to a new creditor (cessionaris). The assignment requires a deed of assignment (akte van cessie) and notification (mededeling) to the debtor.

Until the debtor is notified, the assignment does not have effect against the debtor. After notification, the debtor must pay the new creditor. The debtor retains all defences against the new creditor that it had against the original creditor. Assignment of future receivables is possible under Dutch law, but requires specific drafting.

Why it matters for international businesses

For factoring, receivables financing and supply chain finance arrangements, the Dutch assignment rules are straightforward but require proper documentation.