In the legislation, many norms andrules that must be respected for all citizens. The rights of claim are one of these, since these relations are regulated by the state. There are different reasons for their appearance and termination.
Права требования – вариант обязательства, appearing between the parties under the made contract. In these relations, one side is considered a creditor, and the other is a debtor. Between them are the rights and duties prescribed in the document. It is on the basis of the contract that the assignment of the right to claim debt between legal entities is formed.
In addition to the conditions fixed between the creditor andthe debtor, the agreement should include a description of the subject matter for which the demand is emerging. In Russia, most often there are relationships about the provision of a loan, which the borrower must return for a certain period.
Assignment of the right to claim a debt can bethe basis of housing, for example, when transferring premises from the builder to the buyer. The contract serves as the basis for the appearance of the right holder's claim to the developer.
Performing an assessment
Valuation is required for the sale of debtfirm, recovery of funds from the debtor, ruin of the enterprise. Realization of the rights of claim can be carried out by banks with the help of assignment. The appraiser establishes the market price of claims rights, which is equal to a specific amount.
What makes a new lender?
To reach a consensus, an agreement is created.concessions. On the basis of it, the right to claim acquires a new person, which will interact with the debtor. Often the transfer of the right to claim debt between individuals.
The new claimant must acquire all rights andduties that were assigned to the previous one. For example, if, on the basis of the loan conditions, he issues a document every month, which confirms the payment of the debt, then this work will be done by the new lender. He will be forbidden to expand the rights and duties.
The position of the debtor should not bedisadvantaged. So, he can not pay additional interest. The new creditor undertakes to inform the payer that he will be the owner of the rights of claim. Otherwise, all risks are imposed on him, for example, if the payer did not know about the assignment and paid the funds to the former creditor.
Job new lender
Assigning the right to claim debt betweenlegal entities involves the acquisition by the middleman certain rights arising from the previous owner. If the contract is supposed to pay interest for the use of funds, they are transferred to the new lender’s account.
On the basis of the Civil Code of the Russian Federation, he receives obligations related to the security of the loan received. The consent of the debtor to the transfer requirement is not necessary.
Preparation of contract
Assignment of the right to claim debt is fixedby document. Usually such a transaction has the status of paid. The initial creditor of the new person transfers the amount that the debtor will have to pay. Sometimes the amount decreases - it all depends on the agreement. For example, this agreement can be executed if the debtor evades from the fulfillment of obligations, and it will be difficult to receive money from it.
Then the amount that was deducted from the principaldebt, is a payment for the damage caused to the new creditor at the assignment of the claim. The principles for drawing up an agreement are established by law. The document is in the same form in which the civil law document was drawn up. If he was notarized, then the second time you must do the same.
After signing the document, the new creditor hasright to demand repayment of debt from the debtor. Each situation is considered individually. If a person is not able to pay the entire amount at once, then a decision on payment in parts can be made.
Non-fulfillment of obligations by the debtor
When drawing up the document, the right to claim is necessarytake into account that the agreement also has a statute of limitations. This concerns the possibility to receive the issued funds in debt only for a specific time, and then it cannot be done. Right from the old lender go to the new. By law, the statute of limitations is 3 years.
A new rights holder can go to court,for the debtor to fulfill its obligations after the execution of this period. The party to the dispute may file a statement of expiration of the statute of limitations if it really is. According to such a document, a decision is made to refuse the claims and return the debt.
After signing the transfer agreementRequirements to the new person the old document cannot operate The former creditor has no responsibility for the default by the payer. All questions are governed by the new document.