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Assignment agreement: sample, specifics

The right of claim acts as a type of obligation that arises on the basis of a contract. In these relations, one side is the creditor. He is entitled to any thing, service, value. The other side is the debtor. He is required to provide this service, thing or value.

Relationship building

The execution of an obligation is carried out by concluding a written contract. Such an agreement guarantees the voluntary consent of the parties to enter into an appropriate relationship. This fact is extremely important in cases when there is a need to conclude an agreement on the assignment of the right to claim (a sample document will be described later). The initial agreement should include a description of the subject matter of the transaction. In modern practice, it is usually a loan or a loan - the amount of money that the debtor agrees to return to the creditor. Another common subject is the transfer of housing by the developer to the buyer under an equity agreement.

Possible problems

In practice, situations often arise in which a contract for the assignment of a claim is drawn up, a model of which is presented in the article. For example, a creditor may urgently need money before the expiration of their repayment term by agreement. In this case, of course, the debtor is not obligated to return them immediately upon request. There are options when late payments occur. In these situations, the debtor evades debt repayment for one reason or another. In both cases, the way out of the situation is a contract for the assignment of rights to demand a debt (i.e., cession). apartment assignment contract

Essence of the agreement

The contract of assignment of the right of claim between individuals acts as a confirmation of the transfer of legal opportunities from one entity to another. The new lender at the same time acquires them in full. Along with this, such an agreement imposes obligations. For example, if the original lender, according to the terms of the contract, was to provide a receipt to the loan recipient that a part of the funds had been repaid, the new subject of law would also need to do this.

Important point

It should be borne in mind that the transfer of rights and obligations under the original agreement in full to the new creditor excludes the possibility of increasing their limits. Along with this, assignment should not adversely affect the position of the borrower. For example, obligations to repay additional interest cannot be imposed on him. assignment agreement between individuals

Notification

Contract concessions for an apartment, cash or other values ​​involves notifying the borrower of a change in lender. The legislation does not oblige to take the consent of the latter to commit the assignment. However, the previous creditor must notify the debtor of the emergence of a new entity. Otherwise, the citizen who has accepted the authority takes all possible risks. For example, the borrower, not knowing about the assignment and guided by the terms of the agreement, will transfer funds to the first lender. His actions in this case will be regarded as the proper fulfillment of obligations. Legislation establishes notification requirements. It, firstly, must be written. In case of failure to comply with this requirement, when, for example, the notice was expressed orally, the legislation will side with the debtor. In addition, under Art. 385 of the Civil Code, the borrower has the opportunity to request evidence from the new lender that he is such.

Specificity of cession

In accordance with established practice, between the entities a paid contract of assignment of the right to claim is concluded. The gratuitous nature of the agreement is in most cases impractical. As a rule, the previous creditor transfers authority and obligations, in return receiving from the new entity a certain amount equivalent to a loan. The amount of payment may be reduced depending on the conditions of the original agreement. For example, a cession agreement may be concluded in connection with a debtor’s evasion of a loan, and obtaining funds from it is difficult. Among the problems may be the inability to establish his whereabouts, bankruptcy of a citizen And so on. In these cases, the amount by which the initial debt is reduced acts as compensation to the new lender for the difficulties that he will have to face. debt assignment contract

Assignment agreement: sample

The legislation establishes fairly clear rules for the design of such a document. First of all, it must be drawn up, like the original agreement, that is, if it was certified by a notary, then a new contract for the assignment of the right to claim will need to be certified. The model agreement should contain the same subject as the original. Another important point is registration. If the original transaction was subject to registration, then the new agreement also needs to be registered. The contract shall indicate all the details of the first and the lenders and the debtor acting in its place. All conditions of the original transaction are transferred to the content. The agreement contains the conditions under which the right of claim passes to the new creditor, the amount and the procedure for its payment are specified. The contents should also indicate that the debtor has been notified of the assignment. At the conclusion of the agreement, the number and signatures of the parties are put. This document will serve as the basis of the right to demand repayment of obligations for the new lender.


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