Today, law is the supreme regulator of social relations in society. It incorporated those key features that were not in other coordinators known to mankind. It should be noted that the rule of law did not always exist.
Initially, relations between people were regulated by violence, religion and ideology. But over time, all the points presented showed their complete inefficiency, because they spread their effect only to a limited circle of subjects. In turn, the law has gained the highest level of popularity due to its volume. The bottom line is that it is a fairly flexible structure. This moment allows the penetration of law into almost all spheres of human existence. Together, the factors presented led to the frenzied development of jurisprudence throughout the entire planet.
Today, legal norms regulate almost all relations. This fact is most clearly manifested in treaties - agreements between different entities. There is even a separate sub-industry - contract law. Inside it there are a lot of rather interesting institutions, one of which is cession. In simple terms, this term refers to the transfer of creditor rights to other persons. The Institute’s action is endowed with a number of features, which are presented in Article 382 of the Civil Code of the Russian Federation.
Civil law: concept, features
The cession institute is part of civil law. This science and the branch of law is one of the most ancient today. The bottom line is that the civilian sphere of regulation appeared in ancient Rome.
Of course, in those days, the industry was endowed with other features than today. Nevertheless, the civilistics of ancient Rome and modernity are similar in some aspects. For example, the mentioned cession was known at all times. It should be noted that the legal industry has many characteristic features. For example, its specific feature is the full equality of subjects of legal relations. They are endowed with absolutely identical rights and obligations. Therefore, the legal status of each entity is practically no different. In addition, civil law is characterized by the presence of a dispositive method of legal regulation. In other branches of law, he does not have such a pronounced position. Thus, all the points presented characterize civil law and its institutions.
What is called cession?
Article 382 of the Civil Code of the Russian Federation, as already mentioned, presents the features of the civil law institute that is quite common today. At the same time, cession is a purely scientific name that cannot be found in the legislative interpretation. In the regulatory version, the institution is the transfer of creditor rights to other entities. In this case, a logical question arises as to what constitutes cession provided for in Article 382 of the Civil Code of the Russian Federation. According to the most classical theory, the presented institution is an actual assignment of rights to demand something, which is confirmed by the corresponding document. It should be noted that Art. 382 of the Civil Code of the Russian Federation establishes a slightly different legal structure, which differs from the classical one. The rule of law tells us about contractual relationships. In the standard version, the cession allows the assignment of not only rights, but also property.
Where does cession occur?
Despite the fact that the institute presented is purely civil law, its analogues can be found in other branches of jurisprudence. The most striking example is cession in international law. Here it represents the cession of the territory by one state in favor of another, which is confirmed by the relevant agreement. But in order to understand the features of the presented institution, it is necessary to consider the key points of Art. 382 of the Civil Code of the Russian Federation. After all, it is in it that all the necessary statements on the transfer of the rights of claim of the creditor are contained.
Article 382 of the Civil Code of the Russian Federation: assignment
The relevant norm of the Civil Code of the Russian Federation contains an exhaustive number of statements on the procedure for transferring creditor rights to other persons. In this case, we are talking about those moments when the assignee had not previously participated in the contractual relationship. Nevertheless, due to certain circumstances, he became a new lender. All such aspects are disclosed in Art. 382 of the Civil Code of the Russian Federation. It consists of 4 parts. Each of them contains statements on the application of the institute and its consequences. It is also worth noting that some rights of debtors are included in the mentioned norm of the legislative act.
Grounds for assignment
It should be noted the fact that any legal institution functions only in the presence of certain features. These are the grounds. That is, the implementation of cession requires the presence of certain factors. But in this case it is necessary to understand what constitutes a transfer of the right of claim. The institute should be understood as the fact of transferring the opportunity to demand that the debtor satisfy its obligations that arose on the basis of a specific agreement, not to the original creditor, but to another person. The key reason for applying cession is the directly concluded agreement between the debtor and the creditor. Moreover, the fact of transfer of rights also has a legally designated form. As a rule, cession is made out by assignment of the claim. There are also times when a cession is carried out on the basis of legislative grounds. It should be noted the fact that paragraph 2 of Art. 382 of the Civil Code of the Russian Federation speaks of the possibility of assignment of rights regardless of the consent or disagreement of the debtor.
Legal grounds for the transfer of creditor rights
As we indicated earlier, there are a number of points when cession arises from legal grounds. These include:
- universal succession;
- transfer of creditor's rights on the basis of a court decision;
- transfer of rights of claim if the obligation is performed by a surety who is not a debtor in certain respects.
Of course, there are also other points that the legislator establishes, and which are the basis for the transfer of claims.
What opportunities can be conceded?
Submitted by Art. 382 of the Civil Code of the Russian Federation "Cession" does not give statements about the object, in relation to which a concession may be made. Meanwhile, almost any civil rights can pass. In this case, the exception is opportunities that are inextricably linked with the personality of a particular person. For example, a creditor cannot be replaced in a relationship to claim child support, compensation for harm, etc.
Article 382 of the Civil Code of the Russian Federation: collectors and their place in the assignment
The provisions of the aforementioned rule of law spell out the moments that govern the situation of performers and the fact that they sell debt obligations. However, there are certain specifics in this matter. For example, paragraph 2 of Article 382 stipulates that the direct designation of the prohibition of assignment in the title agreement is the basis for invalidating the future transfer of creditor rights. However, the same paragraph states that such regulations are not an obstacle to the sale of a debt obligation in accordance with the provisions of the insolvency law or enforcement proceedings. Thus, the position of the actual recoverers is quite fully described in the presented rule of law.
Favorable moments for debtors
So, Art. 382 of the Civil Code of the Russian Federation, the comments of which were submitted earlier, enshrines the provisions on the transfer of the rights of claim of the creditor to other persons. Moreover, in parts 3 and 4 of the presented norm, provisions are established that provide some opportunities for the debtor of relations in which the claiming party is replaced. For example, an entity on whose shoulders an obligation rests must be notified of the fact of the assignment. If this was not the case, then any claims from the debtor are withdrawn if he fulfilled them in front of the original creditor. That is, before official notification, he may not cooperate with the new requiring party at all.
No less important provisions are enshrined in 4 parts of Article 382 of the Civil Code of the Russian Federation. It provides moments according to which the new and old lenders are obliged to reimburse any expenses to the debtor, if such arose as a result of the assignment of claims. Thus, these provisions significantly expand the legal status of the debtor in appropriate respects, which clearly shows the effect of the principle of equality of parties in civil law. Their presence is a very positive factor. Since it shows the effectiveness of the basic provisions of the industry and the entire legal system of the Russian Federation.
Conclusion
So, we have identified key reasons and the procedure for transferring creditor rights to another person. This institution is one of the most popular in modern civil law due to its uniqueness and relative ease. The main thing is that in the process of its use, people do not abuse their capabilities.