Rights Requirements: Legislation

In the legislation, many rules and rules are prescribed, which all citizens must observe. 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.

Causes

The rights of the claim are a variant of the obligation 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 and the debtor, the agreement should include a description of the subject for which the demand appears. 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 debt can be on the basis of housing, for example, when transferring the 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

Evaluation is required when buying and selling the debt of a firm, recovering money from a debtor, ruining an enterprise. The realization of the rights of claim can be carried out by banks through the assignment. The appraiser establishes the market price of claims rights, which is equal to a specific amount.

What does the new creditor do?

To arrive at a consensus, a concession contract is being created. On the basis of it, the right of claim is acquired by a new person, who will interact with the debtor. Often, the assignment of the right to claim debt between individuals is performed.

The new claimant should acquire all the rights and obligations that were assigned to the previous one. For example, if, on the basis of the terms of the loan, he issues a document every month, which confirms the payment of the debt, then this work will be performed by the new creditor. He will be forbidden to expand his rights and duties.

In this case, the debtor's position should not be infringed. So, he can not pay extra interest. The new creditor agrees to inform the payer that he will be the owner of the claim. Otherwise, all risks are placed on it, for example, if the payer did not know about the assignment and paid the funds to the previous creditor.

The work of the new creditor

Assignment of the right of claiming a debt between legal entities presupposes receipt by the reseller of certain rights that have emerged from the previous owner. If the agreement provides for the payment of interest for the use of funds, they are transferred to the account of the new creditor.

Based on the Civil Code of the Russian Federation, he receives duties related to securing the loan received. The consent of the debtor to the transfer of the claim is not necessary.

Preparation of contract

Assignment of the right to claim a debt is fixed by a document. Usually such a transaction has a paid status. To the original creditor, the new person transfers the amount that the debtor will have to pay. Sometimes the amount decreases - it all depends on the arrangement. For example, this agreement can be executed if the debtor shirks obligations, and it will be difficult to get money from him.

Then the amount that was deducted from the principal debt is a payment for the damage caused to the new creditor when the claim is conceded. The principles of drafting the agreement are established by law. The document is in the same form as the civil-law document was drawn up. If he was notarized, then the second time should be done the same.

After signing the document, the new creditor has the right to demand the repayment of the debt from the debtor. Each situation is considered individually. If a person does not have the opportunity to pay the whole amount at once, then it can be decided to pay in installments.

Default by the debtor of obligations

When drawing up the document of the right of claim it is necessary to take into account that the agreement also has a limitation period. This relates to the possibility of obtaining loans in a loan only for a specific time, and then it can not be done. The right of the old creditor passes to a new one. According to the legislation, the limitation period is 3 years.

The new owner of rights can apply to the court so that the debtor fulfills his obligations after the fulfillment of this period. A party to the dispute may file an application for the expiry of the statute of limitations, if it really is. On such a document, a decision is made to refuse claims and return the debt.

After the registration of the agreement on the transfer of rights to the new person, the old document can not function. The former creditor does not have responsibility for non-fulfillment of obligations by the payer. All issues are governed by a new document.