• Journal of Arbitration Studies
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• v.32 no.2
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• pp.31-53
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• 2022

This paper examines various legal issues related to the assignment of monetary rights under UNIDROIT Principles. To this end, this paper examines the concept and the effects of the assignment of rights, the related legal structure and notice to the obligor, and some uses in practice (II). Then, as a matter of law in the context of the assignment of monetary rights under UNIDROIT Principles, this paper examines what may happen to the legal relationship between the parties and what practical considerations need to be taken by them when the obligor has legal defenses against the assignor, when successive assignments are made by the assignor, when the obligor exercises against the assignee its right of set-off before receiving the notice of assignment, when the assigned right does not exist at the time of the assignment, when any payment is received from the obligor before the notice of assignment is given, and finally when the obligor becomes insolvent or refuses to pay.

• Land and Housing Review
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• v.4 no.1
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• pp.107-117
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• 2013

This study aimed to assess the rental housing ABS in Korea, and to suggest ways of improving the structure of existing rental housing ABS. Thus, the three major assessment for existing public rental housing ABS case can be summarized as follows : First, when viewed in terms of the accounting treatment, rental housing ABS which use the future receivables as underlying asset, can not enjoy off-balance-sheet effect. Second, when viewed from the point of financing costs, the rental housing ABS interest rate being higher than unsecure bond is very unreasonable nevertheless the ABS being off-balanced. Third, when viewed from the liquidity effect, the originator (LH) use the ABS as a means of diversifying funding in a serious liquidity crisis situation. The Improvement of rental housing ABS based on the evaluation results can be summarized into two broad. First, it is a plan to handle the off-balance-sheet effect in a way of changing the accounting treatment of rental payment. Second, it is a plan to reducing the structuring cost and interest rate in ways of multi-asset securitization structure, self-trust structure, and adopting legal CB structure.