When transferring rights, the creditor changes, the terms of the transaction remain unchanged. In addition to the rights, the new creditor acquires the risks of default by the debtor. You can transfer rights in the following ways.
Instructions
Step 1
Transfer based on a transaction. The parties agree on the terms of the assignment of the right of claim. The agreement is concluded in the same form as the transaction under which the rights are transferred. If the original transaction is subject to state registration, then the assignment agreement must also be registered. Failure to comply with the form, the agreement is considered not concluded. The transfer does not have to be reimbursable. However, if an agreement is concluded between commercial organizations, the gratuitous assignment of rights can be regarded as a gift, which is not allowed by law. After the conclusion of the agreement, the new creditor acquires the rights and obligations in full. The debtor must be notified of the need to fulfill the obligation to the new creditor.
Step 2
Transfer based on law. When a legal entity is reorganized, for example, during a transformation, merger, the rights and obligations of the liquidated organization (including the rights of the creditor) are fully transferred to the new organization. In case of division, allocation, the volume of the transferred rights is determined in the deed of transfer or separation balance sheet. By virtue of the law, the insurer who paid the insurance indemnity transfers the rights of claim to the person guilty of causing losses.
Step 3
Based on a court decision. For example, the lessee has the right to demand that the rights under the contract be transferred to him if he is denied to conclude a contract for a new term and conclude a contract with another person within a year.
