[Avodah] money and halakhah

bdcohen at optimum.net bdcohen at optimum.net
Thu Jul 10 08:54:55 PDT 2008


Zev Sero wrote:
 
"But that brings up another question: today it is very common to sell debts, without
the debtor's knowledge or consent.  Would a beit din not enforce the
purchaser's right to collect, or would it do so only on the basis of
dina demalchuta/minhag hatagarim?"
 
Although not my field, I believe that most 
promissory notes have some language allowing them to be transferred without the consent of the debtor. Thus the debtor has consented ahead of time, so there would be no need for a maamad shloshtam.
 
David I. Cohen
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