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The assignor is the key party to the cession agreement

Individuals and legal entities with similar contracts are not very often encountered. Therefore, it is important to know the key features of such agreements. This is necessary so as not to get into a mess when signing a loan agreement. After all, a little - and your debt has already been sold to another organization.

Assignment and Assignment Agreement

For people who are not familiar with legal topics, the words "cession" and "cession agreement" have little to say. Meanwhile, everyone can face these concepts. The cession agreement is a transaction for the alienation of accounts payable to another person (physical or legal). It is usually possible and occurs without the consent of the debtor himself. It is also called cession of rights of claim. The simplest example is when the assignor (creditor) transfers the borrower's obligations to the collector bank. However, the situation when it is necessary or possible to conclude such a contract is not limited to this.

Types of cession contracts

Assignment contracts are concluded, for example, when reorganizing an enterprise or divorced. They now use them and as a guarantee for the fulfillment of obligations when delivering goods and issuing loans. So, we list the main ones.

Assignment of debt between legal entities. Most often occurs when the enterprise is reorganized. Only the name of the debtor is changed. When you prepare such documents, you need to print on both sides.

Between individuals. There are several examples. This division of the property of the spouses in the divorce, and the transfer of debts of children to their parents, and help in obtaining a loan. The contract does not require a notarization, it is enough to simply affix it with the signatures of the parties, indicating the passport data and all the key terms of the transaction (amount, terms and methods of refund).

The contract of transfer of debt from a legal entity to a physical entity. This happens in the event of bankruptcy, when the obligations of the enterprise are copied to the director. The latter are transmitted in full and on the same terms. The document is certified by a seal from one side and the signature of a private person on the other. It is also necessary to indicate the passport data of the new debtor.

A tripartite agreement is concluded between the current and former creditor with the participation of the borrower. In this case, the latter is timely notified of the transaction.

The assignment agreement can be paid and gratuitous. This means that the assignor can sell this right to the collection agency or transfer it free of charge. However, regardless of this, the amount and terms of the debtor's obligations remain unchanged. You can also sell the rights on the writ of execution.

Basic concepts

The parties to the treaty in question are the assignor and the assignee.

An assignor is a legal entity or an individual who is inferior to the right of claim.

The assignee is an organization or a citizen to whom the right of claim passes on the basis of the contract.

In the case of a tripartite agreement, the third party specifies the object of the claim (debtor).

General conditions

The assignor and the assignee should sign the contract only if the following conditions are agreed:

1. Parties-participants (indicating full details, signatures, seals, and for individuals - their passport data).

2. Conditions for the transfer of obligations (rights of claim).

3. The price of the contract (if it is compensated).

4. List of documents that confirm the occurrence (availability) of the debt to the first creditor.

5. The contract, which became the cause of the appearance of obligations.

6. The date of transfer of the right of claim from the assignor to the assignee (this may be the time of the transfer of all the supporting documents or the date of signing the contract itself).

7. Responsibility of the parties.

Possible mistakes

At the conclusion of the assignment agreement there are certain restrictions. And the assignor must take this into account. Assignment of personal rights is not subject to personal obligations: payment of maintenance, compensation for moral harm, as well as compensation for material damage due to harm to the life and health of another person. In addition, such a transaction should not contradict the law, other legal acts and contracts. So, if the assignor is a participant in a joint activity agreement, he can not concede his claim rights without the consent of other partners.

According to the Civil Code of the Russian Federation, the debtor has the right not to pay the new creditor until the evidence is provided to him of the transaction. And if the borrower has fulfilled its obligations to the assignor before receiving the notice (but already after concluding the contract of assignment of the right), then for the assignee this can have adverse consequences. And then the latter will have to ask from the original creditor. And most importantly - the requirement for such an agreement must necessarily be valid and be documented. If it is lawfully only partially, the cession agreement is recognized as null and void. In addition, the debtor may have counterclaims to the assignor, which he is legally entitled to present to the new creditor. Therefore, it is advisable to ask for the existence of such claims before the cession agreement is concluded.

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