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Art. 698.Assignor and Assignee

Title III. Parties · Chapter 2. Parties Plaintiff · Amendment history unavailable · Last verified July 30, 2026

In one sentenceArticle 698 requires both the assignor and the assignee to sue together when an incorporeal right has been assigned only in part, but lets the assignee sue alone when the entire right has been assigned, regardless of whether the assignment was made unconditionally or for collection or security.

Full Text of Art. 698

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An incorporeal right which has been assigned, whether unconditionally or conditionally for purposes of collection or security, shall be enforced judicially by:
(1) The assignor and the assignee, when the assignment is partial; or
(2) The assignee, when the entire right is assigned.

Plain-English Summary

Assignment transfers an incorporeal right from the assignor to the assignee, and that transfer can be complete or partial, and can be made outright or for a limited purpose, such as giving the assignee the right to collect on the claim or holding it as security. Article 698 mirrors the structure of Article 697's subrogation rule for this different way rights change hands.

If only part of the right has been assigned, the assignor and the assignee must sue together to enforce it, since each retains an interest in a portion of the underlying right. If the entire right has been assigned, the assignee alone is the proper plaintiff, whether the assignment was unconditional or made conditionally for purposes of collection or security.

Frequently Asked Questions

What is the difference between an assignor and an assignee?

The assignor transfers an incorporeal right; the assignee receives it, whether the transfer is complete or covers only part of the right.

Do both the assignor and assignee need to be plaintiffs in the same suit?

Only when the assignment is partial. When the entire right has been assigned, the assignee can sue alone under Article 698.

Does it matter if the assignment was only for collection or as security, rather than an outright transfer?

No. Article 698 applies the same rule whether the assignment is unconditional or made conditionally for purposes of collection or security.

Source & verification. Article text is reproduced verbatim from the vLex (Louisiana Code of Civil Procedure, 2026 Edition). Enacted by the Louisiana Legislature. Last verified July 30, 2026. · Official source
Also known as: assignor assignee lawsuit Louisianapartial assignment joinder ruleArticle 698 Louisiana Code of Civil Procedureassignee suing aloneassignment for collection or security Louisiana