The contract of assignment of the right of claim, a sample of which we will give below, is the transfer of a debt obligation of one civil legal entity to another. About what it is and what items it contains, we'll discuss this in more detail.
Right of claim
The right of claim arises from the debtor's obligations to the creditor. As a rule, it is made in writing by an agreement signed by both parties. It contains the conditions governing the relationship between the debtor and the creditor, the description of the subject itself, in respect of which such a right arises (money, property, land allotment, etc.).
In Russian practice, the most common case of such an agreement is the provision of a loan, a loan, that is, a certain amount of money that one person, both physical and legal, transfers to another under certain conditions. A similar agreement is the transfer of housing from the construction company to the buyer as a result of shared construction, when the settlement is expected after a certain time.
The right of claim can arise from forwards-contracts for future delivery at the price paid today, but such a percentage of transactions is extremely small, compared to the first two.
Sometimes there are cases when the creditor wants to concede his rights to another person and enters into a new agreement - a cession agreement. The Civil Code (civil code) does not prohibit this, since the debtor's essential rights and freedoms are not infringed, he still needs to return the necessary amount. But why sell someone's debts?
Contract of Assignment of Debt Claims : Causes
The reasons for which the original creditor is inferior to the right of claim may be several:
- Funds are urgently needed, and there is no time to wait for payment of obligations.
- The debtor does not pay on time for the obligations, and to conduct long-term lawsuits and litigation with him there is no possibility.
- The original creditor himself owes to another person and inferior to the right of claim as a debt.
Contract of assignment of right of claim: sample
At the beginning of the contract of assignment of rights, the parties are necessarily listed: the original creditor and the new creditor.
After that it is indicated:
- The subject of the agreement is that which is transferred, for example, "OOO" First creditor "inferior to LLC" New creditor "the right of claim under the contract from" today "concluded between LLC" First creditor "and LLC" Debtor ", in amounts and on terms, Established by the contract between LLC "First creditor" and LLC "Debtor".
- Second - the price, for example, "the price of the contract is so many rubles."
- Rights and obligations of the parties. As a rule, the initial creditor is obliged to transfer to the new all documents, contracts related to claims to the debtor. In addition, notice of the assignment of the right of claim is prescribed. It lies on the original creditor, and also you need to notify the new one about all the objections.
- Responsibility of the parties.
- Final provisions. They prescribe the moments when the cession agreement comes into force, how many copies were made and other significant aspects for the parties.
- Procedure for the consideration of disputes.
- Requisites and addresses.
The contract of assignment of the right of claim (the sample above) refers to the original creditor as assignor, and the new one as the assignee.
One document - two legal relations
Legally, the right of the assignment and the agreement that secures it are two different legal relationships in the civil code, despite the fact that they are contained in one document. One of them is the demand for debt, which passes from the assignor to the assignee. It presupposes the conditions that the latter will have with the debtor. The other is the legal relationship between the new and old creditors. In this case, it refers to those items that are related to the relationship of the assignor and the assignee: payment terms, price, rights and obligations, etc.
"We shared an orange"
It is assumed that the contract of assignment of the right of claim, a sample of which we submitted, suggests that the debtor will have a new creditor. But what to do, when only part of the obligations are assigned to the cession. That is, one debt, took money from one, but two, three, etc. require it. And all on absolutely legal grounds.
The Civil Code does not provide any prohibitions, but, as they say, what is not prohibited - it is allowed. This means that if citizen A. has a certain debt with another, we will designate him B., who has conceded part of the requirements of V., H. and D., then A. will have to legally B., B., and G., And D. That is, all four creditors can sue him separately from each other, and these will be independent legal cases.
The exception is the nature of things not subject to crushing, for example, a car, a yacht, etc. We agree that conceding the demands of a part of the machine will be rather strange and illogical. As for money, they can be divided, therefore, a partial concession for their payment is allowed.
Objection of the debtor
In cases where the debtor has certain objections to the claims of the previous creditor, they automatically shift to a new one.
For example, a citizen owes a certain amount of money to the company for the prepayment of work performed with which the contract was concluded. But it was through the fault of the customer that he was unable to make the entire amount for which he was paid. The result is an objection to the demand. It is assumed that when signing a cession agreement between the assignor and the assignee, all claims of the debtor to the old creditor pass to the latter, in spite of the fact that in principle it has nothing to do with the non-property dispute.
The form of the assignment agreement has many pitfalls and nuances. Beginners who decide to make money buying debt, buying them with a large discount, you need to be careful and know that agreements with debtors honestly fulfilling their obligations can not be found.
- The futility of obtaining a debt. For example, a person lives in a foreign apartment for ten years, never worked, has no property of his own.
- The debtor's objection to the demands.
- The terms of limitation of actions for applying to court have expired. In this case, the only legal option to get money from the debtor is to call him to conscience with the possible words: "Well, please, give the debt, be a man", etc.