Question juridique clé
Whether allocation to the injured party under Art. 73 CC requires an express prior assignment to the State.
Solution extraite
Yes. The injured party must declare unconditional assignment of a corresponding part of the claim to the State before the decision on allocation is rendered.
Motifs extraits
Art. 73(2) CC sets assignment as an imperative condition. Allocation cannot be granted conditionally on a later assignment because there is no mechanism to compel it, and it does not arise by operation of law.