The contract of assignment of the right of claim, the sample of which we will give below, is the transfer of a debt obligation of one civil legal entity to another. We will examine in more detail this article about what it is and what items it contains.
Right of claim
The right of claim arises from the debt obligations of the debtor to the creditor. As a rule, it is drawn up in writing by an agreement signed by both parties. It contains the conditions governing the relationship between the debtor and the creditor, descriptions of the subject itself with respect to which such a right arises (amount of money, property, land allotment, etc.).
In Russian practice, the most common case of such an agreement is the provision of a loan, a loan, that is, a certain amount of money, which one person, both physical and legal, transfers to another on certain conditions. A similar agreement is the transfer of housing from the construction company to the buyer as a result of shared construction, when it is planned to move in after a certain time.
The right of claim may arise on forwards - contracts for future delivery at the price paid today, but this percentage of transactions is extremely small compared to the first two.
Sometimes there are times when the creditor wants to cede his rights to another person and enters into a new agreement - the assignment agreement. The Civil Code (Civil Code) does not prohibit this, since the debtor’s essential rights and freedoms are not infringed upon, and the necessary amount should still be returned to it. But why sell anyone's debts?
Debt Assignment Agreement : reasons
There may be several reasons why the original creditor cedes the right of claim:
- Money is urgently needed, but there is no time to wait for payments on obligations.
- The debtor does not pay on time for obligations, and it is not possible to conduct lengthy litigation and proceedings with him.
- The original creditor itself owes to another person and as a debt cedes the right to claim.
Assignment agreement: sample
At the beginning of the assignment agreement, the parties must be listed: the original creditor and the new creditor.
After this is indicated:
- The subject of the contract is what is transferred, for example, LLC “First Lender” assigns LLC “New Lender” the right to claim under the agreement from “today” concluded between LLC “First Lender” and LLC “Debtor”, in volumes and on conditions established by the agreement between LLC “First creditor” and LLC “Debtor”.
- The second is the price, for example, "the price of the contract is so many rubles."
- Rights and obligations of the parties. As a rule, the original creditor is obliged to transfer to the new all documents, contracts related to the requirements of the debtor. In addition, a notice of assignment of the right of claim is prescribed. This lies with the original creditor, and you must also notify the new of all objections.
- Responsibility of the parties.
- Final provisions. They prescribe the moments when the assignment agreement enters into legal force, how many copies were made and other aspects significant for the parties.
- Dispute Resolution Procedure.
- Details and addresses.
The assignment agreement (model above) refers to the original creditor as the assignor and the new creditor as the assignee.
One document - two legal relations
Legally, the right of assignment and the agreement that it enshrines are two different legal relations in the civil code, despite the fact that they are concluded in one document. One of them is the requirement of debt, which passes from the assignor to the assignee. It involves the conditions that arise in the latter with the debtor. Another is the legal relationship between new and old lenders. In this case, it refers to those items that are related to the relationship of the assignor and the assignee: payment terms, price, rights and obligations, etc.
“We shared an orange”
It is assumed that the contract of assignment of the right of claim, the sample of which we have submitted, assumes that the debtor will have a new creditor. But what to do when only part of the obligations are assigned by cession. That is, there is one debt, he took money from one, but two, three, etc. already demand. And all on absolutely legal grounds.
The Civil Code does not provide for any prohibitions, but as they say that it is not prohibited, it is allowed. This means that if a citizen A. has a certain debt with another, we will designate him B., who conceded part of the requirements of B., G. and D., then A. will legally owe B., and V., and G., and D. That is, all four creditors can sue him separately from each other, and these will be independent judicial cases.
An exception is the nature of things that cannot be crushed, for example, a car, a yacht, etc. We agree that it will be rather strange and illogical to concede the requirements of a part of the machine. As for the money, it can be divided, therefore, a partial concession on their payment is allowed.
Debtor's objection
In cases where the debtor has certain objections to the requirements of the previous creditor, they automatically proceed to the new one.
For example, a citizen owes a certain amount of money to a company for prepayment of work with which a contract was concluded. But it was precisely due to the fault of the customer that he could not make the entire volume for which he was paid. As a result, an objection to the claim. It is assumed that when the assignment agreement is signed between the assignor and the assignee, all claims of the debtor against the old creditor pass to the latter, despite the fact that he, in principle, has nothing to do with the dispute of a non-property nature.
Underwater rocks
The cession agreement form has many pitfalls and nuances. Beginners who decide to earn money by buying debt instruments, having bought them at a great discount, need to be careful and know that they cannot find agreements with debtors who are honestly fulfilling their obligations.
As a rule, assignment agreements are put up for sale for the following reasons:
- The futility of obtaining debt. For example, a person has been living in someone else’s apartment for ten years, has never worked, has no property of his own.
- Debtor's objection to claims.
- The statute of limitations for applying to court has expired. In this case, the only legal option to get money from the debtor is to call him to conscience with the possible words: “well, please repay the debt, be a man”, etc.