Today, many people who are not related to the legal field and do not have the appropriate education, when faced with a term such as “cession,” do not understand what it means. Such ignorance in some cases impedes the exercise of existing rights. Consider further what is cession. 
General concept
The assignment agreement refers to a specific agreement in accordance with which the right to payables is legally alienated. In simple words, such a transaction is made to transfer a material liability. Thus, cession is an agreement on the transfer of debt.
Key Features
The right to transfer debt can be realized in a variety of situations. But, in accordance with domestic law, far from every material obligation is allowed to be transferred through cession. Exceptions include, for example, personal requirements:
- Alimony.
- Compensation for damage to life / health
- Compensation for moral damages.
These obligations are not transferable. The need for cession arises in cases where the creditor cannot himself recover the necessary amount. Citizens, for example, agree to divorce by agreement.
Debt transfer between legal entities may arise during the reorganization of the company. In this case, the obligation can be transferred both on a fee and a free basis. The subject who is assigned the obligation is sent a notification - a letter of assignment of debt. However, his consent is not required. If the debt is transferred by the debtor, then he must first not only notify the creditor of this, but also obtain the approval of the latter. 
Norms of the Civil Code of the Russian Federation
The procedure in accordance with which the assignment agreement is established is established in Sec. 24, par. 1. The essence of this procedure is disclosed in articles 382-390. Directly the transfer of debt between legal entities and citizens is described in art. 391, 392. The parties to the assignment agreement include:
- Assignor. He acts as the original owner transferring the right.
- Assignee. He is the new owner of the requirement.
There is a debtor in the transaction. He is obliged to fulfill the terms of the contract.
Assignment of debt between legal entities
The most common case is reorganization. In this case, the actual name of the debtor changes, the enterprise itself remains the same. For example, by the date of the legal entity change, according to the reconciliation act, the company did not manage to reset the balance. In accordance with the contract and the signed deed of settlement in accounting programs, the replacement of the sub-contract (counterparty) is carried out. 
Required documents
The list of securities on the basis of which an agreement on the transfer of debt is concluded (a sample contract is presented in the article) will be individual for each specific case. The main document in any situation is the original contract from which the obligation arose. For example, if a supplier and a buyer participate in a transaction, it will be a supply contract or a sale agreement. Of great importance Act of reconciliation by mutual settlement, receipts or expenditures verifying the obligation. Debt transfer between legal entities, one of which is a banking organization, is carried out on the basis of a loan agreement or overdraft with the attached account statement.For cession, you can draw up an additional document in which to indicate those conditions that were not included in the main. The agreement also provides a list of applications - supporting evidence present in the certificate of acceptance of title papers. 
Classification of contracts
- Trilateral. The peculiarity of such an agreement is the presence of the official consent of the debtor to transfer its obligations. The advantages of such a transaction are that the assignee has guarantees of the payer himself. Moreover, the bilateral agreement provides only a notice that the creditor has changed.
- Paid and free assignment. In the first case, we are talking about the case when obligations are transferred with payment of a certain amount. Assignment to an organization may be a necessary measure. It is used to recover at least part of the outstanding losses. Moreover, the right of claim is exercised at a lower price than the principal amount of the debt. The second party to such a deal could be a collection agency. It specializes in debtors. At the conclusion of the contract, the object of claims, the amount and conditions of the original contract remain unchanged. Granted assignment does not provide for reimbursement of the transfer.
- Free and payment contract. This classification is used for the transfer of debt. A debtor can be replaced by an unpaid cession or by paying a certain amount in excess of the initial loan.
- Performance list. Before you issue a transfer of debt in this case, you must write a claim to the arbitration court. By his decision, a partial translation of the obligation can be made.
Assignment in insurance
In this area, the concept of "risk coding" is used. Simply put, this is “reinsurance,” or the transfer of risk to another company, which, in turn, becomes a lender. In Art. 965 of the Civil Code states that the right of the insured to receive compensation for damage under the contract passes to the insurer. This situation becomes very relevant, for example, in car insurance in cases when the vehicle is resold by proxy. But not all companies go for it. For example, in the CTP insurance, a ban on cession was introduced, as cases of fraud became more frequent.
Work agreement
The customer is entitled to transfer his duties to the contractor to another person only with the written consent of the second. Since each party has its own obligations, including the implementation of the work, the contract should include the possibility of assignment. This is due to the fact that both participants have the right to demand the fulfillment of the conditions. 
Loan assignment
As a rule, the transfer of debt is carried out in case of violation of the contract with a banking organization. In this case, the collection agency will become the assignee. It will use its own debt recovery methods. However, today the legality of the activities of such organizations is being called into question, since the creditor in this case is required to have a license - permission to carry out banking / credit activities.
Bankruptcy
One of the common options for reducing receivables is the sale of a liability in bankruptcy. As a rule, in such situations, money is urgently needed, and the deferral of the payer will end soon. If the transaction is concluded before the company is officially declared bankrupt, then it can be considered invalid. In this case, an explanatory statement is drawn up. memo evidence of the inability to collect the debt and justifying the price of the transfer law. 
Cession registration
The assignment agreement is drawn up in the same form as the original. If it was a simple writing, then the new document should be the same. If the assignment concerns immovable property, then the contract is recorded in the state register. It becomes valid only from the moment of official state registration.Otherwise, the contract is null and void. The necessary documents are sent to the Fed, including copies of share agreements (registered in Rosreest) and assignments with all applications. A partnership or a building should be provided with the certificate of registration of a legal entity, a new extract from the Unified State Register of Legal Entities, constituent documents, as well as papers that certify the credentials of a person applying to the Fed.
