【正文】 onomic interest in the speculation.The assignment of liability claims has not yet bee mon practice. What is on the contrary mon practice is what is addressed to as ‘litigation funding’, especially in countries where access to justice is difficult and expensive and the materialization of the risks of losing the case leads to bearing substantial legal costs. The activity of financing a legal claim in exchange for a part of the proceeds of the litigation, in case of success, was considered to be champerty and was even considered in some jurisdictions as a criminal recent evolution of the legislation is more and more favorable to this kind of litigation funding especially in the United Some have also clearly expressed the wish of having pure speculative assignment of claim legally the assignment of a claim can be used for “access to justice” purposes, its function is much broader than only funding the costs of litigation. Its advantages are not only to shift the risk of having to pay litigation costs to a third party, but all the risks of the litigation, including all the consequences of loosing the case and being deprived from any pensation. For this reason, the assignment of liability claim can do more than what an after the event insurance or litigation funding in general can Indeed, insurers will hardly offer after the event insurance policies when the victim has too little chances to obtain pensation in a subsequent litigation. Speculative investors, including insurers, would on the contrary accept to bear such a risk only if they could get a rather important share of the damages awarded. This stresses the difference between insurance policies and assignment of liability claims. In the first case, the insured party pays a premium for shifting a risk to a third party, while in the latter, the injured party receives a payments in exchange of the potential total proceeds of a successful future legal action. The existence of benefits for all interested parties will demonstrate that the assignment of liability claims is grounded on incentives to enter in the bargain and that there is an economic interest in this type of speculation.. Advantages for the injured party to assign its liability claims.The main advantages for an injured party to assign his liability claim to a professional investor are of two kinds. First of all, the victim can be awarded pensation even if the oute of the subsequent litigation is negative. Since it is a speculative bargain, the risk of loosing the case is shifted to the assignor that will bear alone the risk of loosing its investment and, on the contrary, will alone have the chance to make profits. The victim will receive as a consideration a lump sum on which he will have definitive ownership. Secondly, by assigning a liability claim, the injured party receives pensation before the claim is brought to court instead of waiting for the oute of the litigation. This advantage is primarily an economic one. People are often in need of rapid payment after they have suffered injury and the traditional litigation techniques generally do not offer them such a possibility. There are of course exceptions already discussed above, but as a rule one will receive pensation when courts definitively rule on the case.For example, the problem of immediate loss of ine by the injured party due to a breach of contract or a tort is not always properly addressed by legal systems. The assignment of the claim can avoid this problem by putting the victim in the position to receive immediate pensation under the form of a price for the definitive sale of its rights and claims against the liable party to an investor that is in a better position to wait even for a long period before receiving pensation of the damage suffered by the injured party. Moreover, one should not underestimate the psychological aspect of the assignment of claim. Indeed, for some victims it is important to get the pensation fast and not be concerned anymore with the issue. The economic satisfaction often has also psychological benefits for the victims and can reduce stress, emotion and depression.. Advantages for the investor to acquire liability claims.The main feature of the system is that the injured party receives pensation before a ruling on the liability and the measure of damages has been made. The assignee therefore makes a risky bargain because he is not sure that he will receive sufficient money to cover his investment. This is, however, a sound system because the assignee, before accepting the assignment and determining its consideration, will assess the chances the assignor has to win and will measure the damages he could reasonably claim in courts. Of course the consideration – the price – of the assignment will be lower than this valuation because the risk of losing the case is taken into account. Moreover, the cost of the litigation and a reasonable surplus shall be necessarily deducted from the value of the injury. Added to this the price will include an additional discount corresponding to the advantage for the assignor of receiving immediate pensation instead of waiting for the conclusion of the litigation. Indeed, a monetary amount of 100 is more valuable today than in ten year time, not only because of inflation, but above all because of the mere availability of it. This last point has to be stressed because one of the most important features of the assignment of claim technique consists in awarding the victim with a fast “pensation” of its injury, instead of waiting for the oute of the action.Being a speculative investment, the assignment can generate benefits for the investor. The benefits correspond to the difference in value between the expected damages awarded by court and the price paid to the injured party for the transfer of the claim. It is important to stress that the importance of the investor surplus depends not only on this difference in value, but also on the difference