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К вопросу об абстрактной модели передачи прав требования
The authors consider the question on necessity of introduction of the abstraction principle in the Russian law of obligations in relation to the transfer of rights. Although the question of the nature of the transaction of cession de lege lata seems to be obviously solved in favor of the causation system, de lege ferenda the question about the preferred model of the rights transfer is not so clear. From the point of view of their compliance with three criteria: protection of the debtor, protection of the assignee, the protection of turnover (subsequent purchasers of rights) the authors analyze advantages and disadvantages of both causation system and abstraction system of transfer of rights, suggests ways of adapting existing causal system to the realities of civil turnover. As a result, the authors come to the conclusion that the abstraction principle is more acceptable both from a dogmatic point of view and from practical point of view.