Is It Possible To Assign The Right Of Claim Under A Writ Of Execution

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Is It Possible To Assign The Right Of Claim Under A Writ Of Execution
Is It Possible To Assign The Right Of Claim Under A Writ Of Execution

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Is it possible to assign the right of claim under a writ of execution
Is it possible to assign the right of claim under a writ of execution

Commitments

Change of persons in obligation

The Civil Code of the Russian Federation enshrines (Section III “General part of the law of obligations), General provisions on obligations (Subsection 1 of the named section). This subsection, in addition to chapters describing general provisions on the obligation, such as: the concept of obligation, its performance and enforcement, contains a chapter on the change of persons in the obligation. At the same time, the code establishes such types of transition as: the transfer of the rights of the creditor to another person and the transfer of debt.

A significant difference between these types is that in the event of the transfer of the rights of the creditor to another person, the consent of the debtor, as a general rule, is not required. When transferring a debt, the consent of the debtor is required. It should be borne in mind that the transfer to another person of rights inextricably linked with the personality of the creditor, in particular claims for alimony and compensation for harm caused to life or health, is not allowed.

In addition, the right belonging on the basis of the obligation to the creditor can be transferred by him to another person under the transaction (assignment of the claim) or can be transferred to another person on the basis of the law.

Assignment of the right to claim

According to Art. 383 of the Civil Code of the Russian Federation, the assignment of a claim is allowed if it does not contradict the law. The laws prohibiting the assignment of the right of claim include, in particular: Federal Law of 22.11.1995 N 171-FZ (as amended of 03.08.2018) "On state regulation of the production and circulation of ethyl alcohol, alcoholic and alcohol-containing products and on restricting consumption (drinking) alcoholic beverages "(Art. 26), Federal Law of 24.04.1995 N 52-FZ, (ed. from 03.08.2018) "On the animal world" (Article 49), Law of the Russian Federation dated 21.02.1992 N 2395-1 (revised from 03.08.2018) "On the Subsoil" (article 17.1), Federal Law from 12/30/2004 N 214-FZ (as amended on 07/29/2018) "On participation in the shared construction of apartment buildings and other real estate and on amendments to some legislative acts of the Russian Federation" (Article 1), Federal Law of 01/12/1996 7-ФЗ (as amended on July 29, 2018) "On non-profit organizations" (Art. 31.1.) And others.

Assignment of the right of claim under a writ of execution

Federal Law of the Russian Federation dated 02.10.2007. No. 229-FZ "On Enforcement Proceedings" in the list of laws that contradict the assignment of the right to demand. The named Federal Law in Art. 52 provides for the establishment of succession in enforcement proceedings. Among the grounds for which the assignment of the right of claim is indicated.

Thus, the assignment of rights of claim under a writ of execution is possible, with the exception of the assignment of rights that are inextricably linked with the person, for example: compensation for harm to life and health, compensation for moral harm, alimony, consumer protection, etc.

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