Assignment of a claim (cession) is a transfer of an obligation or transfer of creditor powers from one person to another. Initially, in this way, two subjects are involved in this relationship. They are the debtor and creditor who have concluded the relevant contract. Often circumstances arise in which the obligee cannot fulfill the terms of the agreement, and the lender, in turn, is not able to wait. In such cases, there is a transfer of the right to claim debt. The law provides for the change of the obligated person. Next, we consider in more detail how the transfer of claim rights is carried out. A sample agreement certifying these relationships will also be described in the article.
General information
A contract for the transfer of the right to claim a debt may be concluded in cases provided for by law. It is executed in writing and in the same form in which the original (initial) agreement was drawn up. Oral assignment of the right of claim is permitted by the rules only in exceptional cases. Why do we need cession? For example, the lender transferred a certain amount of money to the borrower. In accordance with the terms of the agreement, the latter is obliged to return it after 2 years. But the lender had an unforeseen situation, and he needed the money earlier. He cannot claim them before the deadline has ended. In such cases, he may transfer his authority to another person. However, the situation may be the opposite. For example, in a legal relationship, a debtor may change. Such a case is permissible if the creditor himself (the active side) agrees to this. The obligated person is not asked for consent in situations similar to those described above. In this case, a notice of assignment of the right of claim must be sent regardless of which party is changing.
An exception
Assignment of the right of claim is not allowed if the obligation is inextricably linked with the identity of the creditor. This, in particular, relates to compensation for damage that has been caused to life and health, as well as child support and other payments prescribed by law. 
Design Features
As mentioned above, the new agreement should be drawn up in the same form as the original. In particular, if the transaction on which the obligation arose was certified by a notary, then the assignment agreement must also be certified. If the agreement was in simple writing, then the new document should be the same. Often the parties to a relationship make a mistake by drawing up a protocol or an act. In the event of a trial, such a paper may be annulled as not complying with the requirements of the law. In some cases, the transfer of the right of claim relates to transactions subject to state registration. In this case, the new agreement must also go through the accounting procedure.
Nuances
Most often, the assignment agreement is drawn up in the usual form (in writing). In accordance with the provisions of the law, it is not necessary to obtain the consent of the borrower to replace the lender. If the debtor changes, then the active side of the relationship must not only be notified, but also obtained consent from it. The lender can also check the solvency of the new person entering the transaction. In turn, the debtor has the right to require the new creditor (assignee) to provide documentation related to the obligations transferred to him. 
Agreement: Key Elements
The contract is included in the category of consensual, reimbursable and bilateral transactions. The essence of his conclusion is the refusal of the creditor from his rights to demand from the debtor the performance of his obligations and the transfer of these powers to another person. The legal status of the parties to the transaction can be any. The subject of the assignment is the right of demand. Due to the fact that the law does not regulate the value of the agreement, the amount of payment is determined by the parties independently. A tripartite assignment agreement is different from the usual participation of a borrower in it. There are several nuances relating directly to the preparation of the agreement. Let's consider them further.
Assignment agreement: sample
As in other similar documents, the agreement primarily indicates the parties, number and date of conclusion. The content must clearly define the subject of the transaction. For example, a liability may arise on a loan or a loan. Accordingly, with respect to this circumstance, the transfer of the right to claim debt is carried out. The sample document also provides a specific definition of the amount payable.
The subject of the agreement may be a transfer from the housing developer in accordance with the equity contract. The agreement also establishes the obligations and rights of the parties. As one of the essential conditions for concluding a contract is the determination of its price. As a rule, such a transaction is reimbursable. Not prohibited by law and its gratuitous conclusion. But, as a rule, the creditor receives from the acquirer of the right an amount corresponding to the amount of the debt. By agreement of the parties, this amount may be reduced. Typically, such an adjustment acts as compensation for inconvenience. After that, the document spells out the responsibility of the parties. At the end of the contract details of the participants, signatures are given.
Borrower replacement
If the assignment of a claim requires a change in the debtor, the new member assumes all obligations under the original contract. The borrower can be both a legal entity and a citizen. If the creditor has doubts about the solvency of the new member, he may not give his consent to the assignment. If the assignor permits replacement of the borrower, the latter must reconcile the amount of the obligation. A lender may be, for example, a citizen or a credit institution.
Conclusion of an agreement when changing a borrower
As in the previous case, the date, number and details of the parties are indicated. The subject of the transaction is, for example, debt. The document indicates the period during which the obligation must be repaid, the size of the loan. Debt can be transferred either in full or in part. The agreement may provide for the obligation of the new borrower to pay a penalty, penalty or penalty. Other sections described above remain unchanged. The new debtor is also transferred reconciliation acts Settlements, supplementary agreements and other documentation relating to the transaction.
Important point
In the event of a change in the debtor, the creditor is always exposed to a certain risk. In this regard, experts recommend that upon execution of the agreement, request a series of documents from the new borrower. In particular, it can be an order for his appointment (for legal entities), a license or permit, a signature sample. If there is no doubt about the solvency of the new debtor, you can give consent for its replacement. The creditor can send his decision by letter.
Housing problem
Citizens who bought housing during the construction phase, in some cases, are forced to sell it before the object is completed. Is transfer of rights allowed in such situations? In such cases, cession is not prohibited. However, such a deal can only be made during construction.If there is already an act of acceptance on hand, then cession is not allowed. The change of ownership in this case is carried out by concluding a contract of sale.
How is the deal made?
The contract is compulsory in writing. Often, the builder in the agreement indicates a ban on assignment, or introduces a clause on the need to obtain his consent. Since an equity agreement requires state registration, an assignment agreement must also be registered. If this procedure has not been carried out, then the developer may well refuse a cession. After state registration, the new shareholder fully accepts all the duties and rights that the former had. Along with this, he, like other co-investors, carries risks. 
Organizational moments
If transfer of a share or acceptance of a creditor’s right is supposed, as in other cases, an agreement is necessary. At the settlement stage, a bank cell mechanism is used. After completing all the necessary papers, the seller can receive the money. About the conclusion of a new agreement should be notified to the developer, acting in this case as a debtor.
Cession with a financial institution
When concluding the assignment agreement, credit and banking organizations draw up an acceptance and transfer certificate. The new lender is not allowed to amend the original terms of the obligation or indicate its own. This provision means that he does not have the right to correct even non-essential aspects of the transaction. If he nevertheless makes changes, the agreement may be invalidated. If the banking organization intends to transfer interest on the loan, then instructions on this must be included in the contract. The transfer of authority can be carried out at any stage of the agreement.
Prevalence of cession
It should be noted that in our country, in practice, the transfer of claims is rarely used. But in the USA, for example, cession is widespread and has been used for a relatively long time. So, for example, Americans often pay attention to real estate with outstanding credit. But in domestic practice, all the benefits and subtleties of cession are presented very vaguely. However, the conclusion of an assignment agreement can often be the best way out of any difficult situation. It should be understood that a third party entering into a transaction also has its benefits.
For example, a debtor who finds it difficult to repay a mortgage loan may purchase housing at a lower cost. However, of course, there is a likelihood that he will encounter other difficulties regarding the terms of the loan. For example, he will have to pay a debt at a high rate, pay off fines and so on. The lack of legislation is also the fact that there is no official explanation of the accounting for the transfer of law. In general, it should be noted that domestic rules regulate such transactions very superficially. Due to the lack of clarity in legislative acts, one may encounter various difficulties in the practical application of law. If a person accepts the authority of a creditor in accordance with existing rules, you can get a loan in full. However, along with this, it is likely that the new lender will be left with nothing.
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