Today, many businesses have to lack of funds.This often forces them to resort to conclude treaties with respect to which the assignment of claims.It is important to draw up the conclusion of these agreements in order to avoid situations in which such action would be illegal.
legislation defines on which assignment is an agreement between business entities, which allows one party (the original lender) to yield a new creditor (the other side) the right to demand fulfillment of the obligations under the contract by a third party.As a rule, transferred the rights provided in the form of debt in the form of a specific property or sums of money.
cession by a written contract between the old and new creditors.This document contains information about the rights to a third party gives outstanding obligations.The contract should also contain information on the causes of the debt.
Dissemination of assignment of the claim due to the fact that enterprises lenders often have need of money to pay off their debt, and they have no time to carry out the judicial, with claims and judicial and executive activities.
Therefore, the conclusion of such agreements not only allows the organization to get rid of the problems, but also to get some reward from the new lender.Usually this bonus is expressed in money or goods.On the essence of the right to claim a concession stands selling receivables, where not required to obtain the consent of the debtor.
practice, however, often have many questions on the legality and regularity of the preparation and registration of contracts of this type.Controversial moments come when the conclusion of concession demands made on continuing contracts.For these types of agreements include contracts of maintenance of equipment, provision of public services, supply of electricity, some of the contracts for the supply, as well as others, the implementation of which requires a long time and is a multi-stage character.Typically, such transactions are concluded for a term exceeding one year.
Often, many mistakenly associated with the assignment of the claim is only the transfer of the right to claim the debt.But this rule does not apply to contracts lasting.Despite the fact that many of the arbitration courts recognized the legality of contracts for concessions lasting requirements contracts, the Supreme Arbitration Court, such decisions often cancels.His position is that the assignment of claims under these agreements void when they are the termination and renewal.
organizations have only two options to conclude the concession requirements and fully convey all obligations.This is acceptable if lasting agreement were revoked, and again was not renegotiated.And for one-time contracts, which involve one-step execution of a particular obligation.
often venture to termination of the contract makes an assignment to several persons through share distribution.There is also the option, where the amount of the principal debt and accrued fines and penalties is assigned to different organizations or principal amount is divided equally between the two parties.
legality of these operations is in doubt and, most likely, these concessions to equity will be recognized arbitration illegal as the assignment of rights to the definition in the undertaking involves a complete change of the face.And only when the assignment amount of penalties the fact of transfer of principal is absent, from which it follows that there is no obligation to complete change the face, and, consequently, of the concessions.For the same reason unlawfully and share distribution of principal.
