Question juridique clé
Whether estate claims under Art. 260 SchKG can be assigned to the debtor against whom they are directed, or to that debtor’s successor.
Solution extraite
No. A claim against oneself cannot be enforced judicially; therefore such assignment is inadmissible, and the same applies to the debtor’s legal successor.
Motifs extraits
The sole purpose of assignment under Art. 260 SchKG is judicial enforcement by individual creditors. Since nobody can bring a claim against himself, the debtor may not request such an assignment. A transferee acquires no better position than the transferor, and inherits the same disability.