Art. 698.Assignor and Assignee
Title III. Parties · Chapter 2. Parties Plaintiff · Amendment history unavailable · Last verified July 30, 2026
Full Text of Art. 698
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.