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Moveable Transactions (Scotland) Act 2023
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10Protection of debtor who performs in good faith
Explanatory NotesShow EN
(1)Subsection (2) applies where, after a claim is transferred, the debtor, or any co-debtor, performs in good faith to the person last known to the debtor, or that co-debtor, to be the holder of the claim.
(2)The debtor, or (where there are two or more co-debtors) each of the co-debtors, is discharged from the claim to the extent of the performance.
(3)For the purpose of subsection (2), it is not to be taken that a debtor, or any co-debtor, has performed other than in good faith by reason only of (any or all of)—
(a)an assignation document’s having been registered,
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