(1) If the assignment of a monetary claim is precluded by an agreement made with the debtor under section 399 of the Civil Code and the legal transaction underlying such claim is a commercial transaction for both parties, or if the obligor is a legal person under public law or a special fund under public law, then the assignment will be effective nonetheless. The debtor may, however, render performance to the previous creditor with discharging effect. Agreements in derogation herefrom are void.
(2) Subsection (1) does not apply to a claim under a loan agreement where the creditor is a credit institution within the meaning of the Banking Act (Kreditwesengesetz – KWG).