The possibility to assign rights or obligations under the contract is provided for by Chapter 24 of the Civil Code of the Russian Federation. You can issue an assignment by concluding an agreement or by drawing up a transfer deed (when the transfer of rights occurs by virtue of law). Upon assignment, a complete replacement of the party to the obligation occurs.
Instructions
Step 1
Upon concluding an agreement on the assignment of rights, the creditor is replaced. The debtor's consent to these actions is not required, however, it is necessary to notify him in writing.
Step 2
When transferring a debt, the debtor, the obligated person changes in the obligation. In order for the transfer of debt to have legal force, you must first obtain the consent of the creditor. In this case, it is advisable to conclude a tripartite agreement: with the participation of the debtor, the new debtor and the creditor.
Step 3
The assignment takes place in the same form as the original transaction. If the notary has certified the contract, then the agreement to replace the creditor or debtor must also be certified by a notary.
Step 4
Together with the signing of the agreement, all supporting documents for the obligation are transferred to the new creditor or debtor.
Step 5
In the text of the assignment agreement, make a reference to the primary agreement, indicate in what part it was executed, the state of settlements between the parties, and to what extent the rights and obligations are transferred.
