Right requirements: legislation

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2018-09-17 18:00:37

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The legislation includes many rules and regulations that must be followed for all citizens. The right of claim – some of these, because these relations are regulated by the state. There are different reasons for their occurrence and termination.

Causes

Requirements – option liabilities appearing between the parties on a drafted agreement. In these relationships one party is considered a creditor and the other debtor. Between them there are rights and obligations spelled out in the document. It is on the basis of the contract formed assignment of the right to claim the debt between the entities.

receivables

In addition to the conditions noted between the creditor and the debtor, the agreement must include a description of the subject, for which there is demand. In Russia often arise about the relationship of the loan, the borrower must return for a specified period.

The Assignment of a debt claim can be based on the housing, for example when transferring from the developer to the buyer. The contract serves as the basis for the emergence of the shareholder rights requirements to the developer.

Performance assessment

Evaluation is required when the purchase and sale of indebtedness of the company, the recovery of funds from the debtor, the ruin of the enterprise. The realization of the rights of requirements can be performed by banks through the assignment. Appraiser establishes the market price of claims, which is equal to a specific amount.

assignment of a debt claim

What makes the new lender?

To come to a common opinion, creates a contract of assignment. Based on him the right requirements takes on a new face that will interact with the debtor. Often performed the assignment of the right to claim the debt between individuals.

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A New collector should buy all the rights and responsibilities that were assigned to the previous one. For example, if based on the terms of the loan every month he gives the document by which it is confirmed by the payment of the debt, then this work will be performed and the new lender. He will not be allowed to expand rights and responsibilities.

At the same time, the debtor should not be disadvantaged. So, he can't pay an additional cent. The new lender undertakes to inform the payer that it will be the owner of the right of claim. Otherwise, you shall bear all risks, for example, if the payer did not know of the assignment and paid the funds to the former lender.

New lender

The Assignment of a debt claim between the legal entities involves obtaining the reseller certain rights that emerged from the previous owner. If the contract is the payment of interest for the use of funds, they are transferred to the account of the new lender.

On the basis of the Civil code, he gets the responsibilities associated with providing this loan. The debtor's consent to the transfer of requirements is not necessary.

Treaty

The Assignment of a debt claim that is fixed by the document. Typically, such a transaction has a status of paid. The original creditor reports the new face amount will be paid by the debtor. Sometimes the amount is - it all depends on the agreement. For example, the agreement can be made, if the debtor evades from fulfillment of obligations, and to obtain money from him will be difficult.

assignment of debt between individuals

Then the amount that was deducted from the principal debt, is a payment for the damage caused by the new lender under the assignment of claims. Basis of preparation of the agreement are set by law. The document is in the same form in which was drawn up a civil document. If it was notarized, then the second time to do the same.

After signing the document the new lender is entitled to demand repayment of a debt from the debtor. Each situation is considered individually. If a person can not pay the whole amount at once, can be accepted the decision on payment in installments.

Failure of the debtor's obligations

In the design document the right requirements it is necessary to consider that the agreement also has a time limitation. It concerns the possibility to obtain the outstanding funds in debt only for a specific time, and then it can be done. Right from the old to the new creditor pass. By law, the Statute of limitations is 3 years.

assignment of the right to claim the debt between individuals

The New owner of the rights may apply to the court that the debtor has fulfilled its obligations and after the execution of this period. A party to a dispute may submit the statement on expiry of period of limitation, if it really is. According to this document, the decision on refusal in requirements and debt repayment.

After the agreement on the transfer of rights of claim to the new face of an old document can not act. From the former there is no liability of lender for failure to fulfill obligations by the payer. All questions are regulated by the new document.


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Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."

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