The legislation spells out many norms and rules that all citizens must observe. Rights of claim are one of those, since these relations are regulated by the state. There are different reasons for their appearance and termination.
Causes of occurrence
Rights of claim - a variant of the obligation that appears between the parties according to the drawn up contract. In these respects, one party is considered a creditor and the other a debtor. Between them are the rights and obligations prescribed in the document. It is on the basis of the contract that the assignment of the right to claim debt between legal entities is formed.
In addition to the conditions fixed between the creditor and the debtor, the agreement should include a description of the subject, because of which the demand appears. In Russia, relations most often arise regarding the provision of a loan, which the borrower must repay within a certain period.
Assignment of the right to claim the debt may be based on housing, for example, when the premises are transferred from the developer to the buyer. The agreement serves as the basis for the shareholder to have the right to demand the developer.
Assessment
Assessment is required when buying and selling company debt , recovering funds from a debtor, ruining an enterprise. The exercise of claim rights may be performed by banks through assignment. The appraiser establishes the market price of the rights of claims, which is equal to a specific amount.
What is the new lender doing?
To come to a consensus, an assignment agreement is created. On the basis of it, the right to claim acquires a new person, who will interact with the debtor. Often, assignment of the right to claim debt between individuals is carried out.
The new recoverer must acquire all the rights and obligations that were assigned to the previous one. For example, if on the basis of loan conditions he issues a document every month, thanks to which payment of the debt is confirmed, then this work will be carried out by the new lender. He will be prohibited from expanding his rights and responsibilities.
Moreover, the position of the debtor shall not be infringed. So, he cannot pay extra interest. The new creditor is obliged to inform the payer that he will be the owner of the rights of claim. Otherwise, all risks are assigned to it, for example, if the payer did not know about the assignment and paid the funds to the former creditor.
The work of the new lender
Assignment of the right to claim debt between legal entities implies that the reseller obtains certain rights arising from the previous owner. If the contract provides for the payment of interest on the use of funds, then they are transferred to the account of the new creditor.
On the basis of the Civil Code of the Russian Federation, he receives obligations related to securing a loan. The debtor’s consent to the transfer of the claim is not necessary.
Preparation of contract
Assignment of the right to claim a debt is documented. Typically, such a transaction has a status of reimbursable. The new person transfers to the original creditor the amount that the debtor will have to pay. Sometimes the amount decreases - it all depends on the arrangement. For example, this agreement can be fulfilled if the debtor evades fulfillment of obligations, and it will be difficult to get money from him.
Then the amount that has been deducted from the main debt is the payment for the damage caused to the new creditor during the assignment of the claim. The principles for drafting the agreement are established by law. The document is in the same form in which the civil law document was drawn up. If it was notarized, then the second time you need to do the same.
After signing the document, the new creditor has the right to demand a return of the debt from the debtor. Each situation is considered individually. If a person does not have the opportunity to pay the full amount at once, then a decision can be made on payment in installments.
Debtor's default
When preparing a document of the right of claim, it should be borne in mind that the agreement also has a limitation period. This concerns the possibility of receiving disbursed funds on credit only for a specific time, and then this cannot be done. The right from the old creditor is transferred to the new. Under the law, the statute of limitations is 3 years.
The new holder of rights may apply to the court so that the debtor fulfills its obligations even after the execution of this period. The party to the dispute may file an application for the expiration of the limitation period, if it really is. Under such a document, a decision is made to refuse claims and repay the debt.
After drawing up an agreement on the transfer of rights of claim to a new person, the old document cannot act. The previous creditor is not liable for default by the payer. All issues are regulated by a new document.