The assignment of the right to claim is governed by civil law. The basic rules are set out in Chapter 24 of the Civil Code of the Russian Federation - “Change of persons in obligation”. Chapter 43 is devoted to financing against the assignment of a monetary claim. To formalize the assignment of a claim, you need to remember a few points.
Instructions
Step 1
The right of claim can pass from the old creditor to a new one under the transaction; in certain cases, the rights can pass to another person on the basis of the law (for example, on the basis of a court decision). The transfer of the creditor's rights from one person to another is formalized by an agreement. For an agreement on the assignment of the right of claim, a written form (simple or notarial) is required.
Step 2
For the transfer of the right of claim, an agreement between the old and new creditors is sufficient. The debtor's consent is not required, unless otherwise provided by the original contract or law. But at the same time, the debtor must be notified in writing that the rights to claim the debt from him have passed to another person.
Step 3
A certain group of rights cannot be transferred to other persons. These include rights that are inextricably linked with the personality of the creditor, for example, claims for compensation for harm caused to life and health or claims for alimony. If the debtor had objections directed to the old creditor, he can put them forward to the new creditor.
Step 4
The form of the contract on the assignment of the right of claim must comply with the general standards applicable to the execution of contracts. It should be clear from the text of the agreement who, to whom, to what extent and from what point in time transfers the rights of claim.
Step 5
The contract must necessarily contain a reference to the contract that was concluded between the old creditor and the debtor. When transferring the right of claim, the old creditor is obliged to transfer to the new creditor all the necessary documents that he has under the transaction with the debtor.
Step 6
It is not necessary to include a third party under the agreement of the debtor, but you can provide a place for his signature. This measure will exclude the possibility of the debtor's objections to the fact that he was not properly notified of the assignment of the right to claim the debt to the new creditor.
