Agreement on the transfer of rights and obligations under a work contract. How to correctly use the contract of assignment of rights of claim Assignment of obligations under the contract for the provision of services

Obligations are the connection of the parties, which obliges each of them to do something or abstain from something. In its purest form this pattern is very rare. As a rule, both parties have both rights and obligations.

Obligations can appear for various reasons, but the main one is statutory agreement.

As a general rule, the relationship of the parties to agreements cannot be terminated by the will of only one of them. But there is a separate clause about this possibility:

• If the law gives it;
• If it is provided for by the parties themselves, a separate

But, at the same time, the obligation itself may remain, but the sides may change.

For example, persons who have become heirs replace the testator who owed loan money.

The right to claim money lent out may also be inherited.

The creditor or the one owed has the right to exchange his right. For example, there is an exchange, the subject of trading on which is only government debt.

But this is possible not only with states, but also with any companies, people.

For example, leasehold can be sold. In the contract, only the tenant changes, the second party does not change, and its obligations do not change either. But again, the transfer of obligations under the contract may depend on the conditions specified in the contract initially. It may be specified that the tenant does not have the right to transfer to someone else the property used under the contract.

There are serious restrictions in this regard regarding state and municipal property or enterprises that are owned by the state or municipalities.

Assignment of obligations

Change of the party to the contract, in particular the creditor fixed by a separate agreement.

If the original agreement concerned the rights to real estate or it was required to pass a notarization, change should be done accordingly.

It is important to the debtor was normally aware that he owed another person. It is imperative that this be done in writing. Depending on the circumstances, it is necessary to fix the sending of the message (a letter sent with a notification and (or) an inventory of the attachment.

The debtor has the right to ignore any communication about the change of creditor, made verbally or, for example, by telephone.

If you take cases related to banks. Often banks sell debts that they are unlikely to be paid back to special firms.

However, this is a violation of many laws. After all, only having a license from the Central Bank can issue loans. According to the law, only a bank can buy such a loan, but again, there are restrictions on disclosing client secrets to outsiders. So in the case of credit cases, it is impossible to change the lender.

At the same time, if someone outsider decides to pay someone else's debt or fulfill someone else's duty, then the right to claim passes to such a person or organization. This case does not apply to banks.

But the assignment of obligations, when obligations to the creditor are transferred to a third party, is possible only if the creditor agrees to this. Although this ban can be circumvented, for example, with money. You can pay the debt at the expense of a third party, which in turn can take a receipt in exchange for money.

Anything can happen in life, and in some cases debt obligations are transferred to third parties. It is this relationship between the debtor and the creditor that is called the assignment of the right to claim. In fact, this is the transfer of obligations to pay a debt or the right to demand payment of a debt. In the legislation such legal relations are called cession.

Assignment agreement

Agreements on the assignment of claims are subject to mandatory written execution.

The need for a transaction may arise when the creditor cannot wait for the payment deadline from the debtor, or all the agreed terms have already expired. In this situation, the creditor may transfer its rights to a third party, which in turn may have an interest in the transaction. For example, the creditor is ready for a smaller amount than the debtor owes, or expects to receive not only debt, but also interest.

Types of cession

Depending on the status of the parties, the following types of assignment are distinguished:

between legal entities. Such an assignment is typical for those cases when one of the parties undergoes a restructuring procedure and in fact only the name of the entity changes, but such changes must be formalized by law.

Between individuals. In this case, an appeal to a notary is not necessary; agreements can be drawn up in writing and sealed with their signatures.

Between individuals and legal entities.

A tripartite assignment is a type of assignment in which the debtor is notified of the transfer of the debt, in fact, the new creditor receives confirmation that the debt will be repaid.

Mandatory terms of the contract

As in all contracts, the name of the document, the date and place of preparation are written at the top, the parties and their details are written in the preamble.

The subject of the transaction must clearly define the amount to be recovered. What kind of relationship existed between the parties before the transaction, that is, what was the agreement earlier - a loan or shared construction. Details of such an agreement must also be indicated in the assignment agreement.

Be sure to write down the price of the transaction. Most often, it is less than the amount of the debt, that is, with a certain discount, so that the new creditor has an interest in drawing up an assignment agreement. Although at the legislative level, the cost of such contracts is not regulated in any way, so the parties have the right to independently determine it.

In addition to the debt, the rights to security payments, that is, fines and penalties, can be transferred to the new creditor. The agreement must contain the consent of the borrower or lender to the assignment.

Otherwise, the contract is no different from the rest, the rights and obligations, liability and final provisions are prescribed.

What can not be the subject of the contract

A transaction may be declared null and void in the following cases:

If the subject of the contract can be attributed to personal obligations, for example, the payment of alimony;

If the main contract on the basis of which legal relations and debt arose does not provide for the transfer of obligations to third parties;

Debt obligations cannot be documented;

If we are talking about a mortgage agreement, then the debtor's property right must be formalized in the manner prescribed by law, if not formalized, then the cession is easy to appeal in court;

The assignment agreement is free of charge.

Examples from life when the right to assign a debt arises

mortgage agreement. In this case, the debtor himself can transfer the rights, of course, by notifying the banking institution about this. If the borrower is not able to pay the loan, then he transfers his rights to real estate, the bank checks the solvency of the new borrower and gives written consent to replace the debtor, indicating the remaining amount to be paid.

Delivery contract. This practice is often found in the economic activities of legal entities. As a rule, they resort to a factoring agreement, that is, they attract a wealthier intermediary, it can be a bank. In this case, the lender receives from the buyer not only the amount of the debt, but also interest for the use of other people's funds.

Credit agreements. A vivid example is the transfer of debt by a bank to a collection company. That, in turn, is already using other methods of debt collection. However, in such situations there are a lot of pitfalls, first of all, the new lender must also have a license to carry out activities in the credit sector. And the main contract should provide for the possibility of transferring the debt to a third party.

When is it necessary to register an assignment agreement?

If debt obligations arose in the field of alienation of real estate, then the assignment of rights must be registered without fail. The contract can enter into force only after registration with the Rosreestr, if this is not done, then the transaction can be invalidated.

Burkova A., candidate of legal sciences.

Although, when signing any contract, a party concludes it with a certain counterparty, it is worth remembering that the rights and (or) obligations under the contract can sometimes be transferred to other persons.

In order to limit the replacement of a party in the contract and make such a replacement under the control of the second party, in some contracts the parties expressly establish that neither party has the right to transfer its rights and obligations arising from the contract to third parties without the written consent of the other party contracts.

Such a prohibition of the assignment of rights is allowed to be made by virtue of Art. 382 and 388 of the Civil Code of the Russian Federation. According to these articles, the assignment of a claim by a creditor to another person is allowed, unless otherwise provided by an agreement between the parties.

The prohibition of the assignment of obligations under the contract is expressly provided for in Art. 391 of the Civil Code of the Russian Federation and is permitted only with the written consent of the creditor.

In this article, we would like to dwell on a possible form of consent of the counterparty to the assignment of rights and (or) obligations under the contract, if the contract contains a direct prohibition of such an assignment without the consent of the second party, and also outline those cases when the assignment is impossible even with the consent of the second party , and those cases where the assignment cannot be prohibited by the provisions of the contract.

Inability to forbid assignment

So, in accordance with Russian law, as a general rule, the parties may limit the assignment of rights and (or) obligations under the contract. However, there are exceptions to this rule.

One of the cases where this rule does not apply is financing against the assignment of a monetary claim, or, as it is also often called in Russia, factoring.

In accordance with Art. 828 of the Civil Code of the Russian Federation:

"Assignment to a financial agent of a monetary claim is valid even if there is an agreement between the client and his debtor to prohibit or limit it."

On the one hand, this provision contradicts Art. 421 of the Civil Code of the Russian Federation on freedom of contract, and also encourages a client who has an assignment agreement with a financial agent to act in bad faith towards a debtor with whom the same client has an agreement prohibiting the assignment.

On the other hand, this approach facilitates receivables financing transactions because it relieves the assignor (i.e. the secured creditor) of the burden of examining the contract from which the assigned claim arises in order to ascertain whether the transfer was prohibited or conditional. this requirement. Otherwise, lenders will likely have to study a huge number of contracts, which can be costly (especially considering the cost of external lawyers and other consultants) or even impossible (for example, in the case of future receivables).

In addition, such a clause provides small and medium-sized businesses with access to financing, contrary to their agreements with large companies about the impossibility of such concessions, which is often abused by large companies.

Another case where an assignment is allowed, regardless of its prohibition in the contract, is the assignment of rights to the committent in the transaction in the event that a third party fails to fulfill the transaction concluded with him by the commission agent. In accordance with Art. 993 of the Civil Code of the Russian Federation, in this case, the assignment of rights to the principal under the transaction is allowed regardless of the agreement of the commission agent with a third party that prohibits or restricts such an assignment.

Although in both of the above cases, under a financing agreement against the assignment of a monetary claim and a commission agreement / agency agreement, the assignment of rights and obligations under the transaction will be valid, despite its prohibition, the legislation has established certain liability of the counterparty, assigning the rights and (or) obligations under the transaction, for such unauthorized assignment.

So, in accordance with Art. 828 of the Civil Code of the Russian Federation assignment of a monetary claim to a financial agent:

"... does not release the client from obligations or liability to the debtor in connection with the assignment of a claim in violation of an agreement existing between them on its prohibition or limitation."

Similar to the provisions of the legislation on factoring, such a concession in the commission/agent relationship:

"... does not release the commission agent from liability to a third party in connection with the assignment of a right in violation of an agreement on its prohibition or limitation."

Such liability can either be directly provided for by the contract, the rights and (or) obligations from which were assigned, or arise on the basis of the law, if, for example, as a result of such an assignment, the other party has incurred losses.

The assignment is carried out, regardless of its prohibition, also as a result of the implementation of security measures, such as a pledge or surety. So, in accordance with Art. 365 of the Civil Code of the Russian Federation on suretyship:

"The guarantor who has fulfilled the obligation shall transfer the creditor's rights under this obligation and the rights that belonged to the creditor as a pledgee, to the extent that the guarantor satisfied the creditor's claim."

Cases are known when persons specifically created suretyship relationships in which, as is known, the debtor does not participate and his consent is not required in order to transfer rights and obligations from contracts.

Another example where assignment will be possible even if it is prohibited is the provisions of the Civil Code of the Russian Federation on subrogation in insurance. In accordance with Art. 965 of the Civil Code of the Russian Federation:

"... the condition of the contract, excluding the transfer to the insurer of the right to claim against the person who intentionally caused the loss, is void."

Thus, in Russian legislation there are certain provisions that in some cases allow the assignment of rights and (or) obligations under the contract even if such an assignment is expressly prohibited in the contract. In this regard, the parties should carefully approach the terms of the contract and, if possible, provide for liability for unauthorized assignment in the contract itself.

The procedure for obtaining consent to the assignment

When a prohibition on the assignment of rights and (or) obligations is included in the contract, the consent of the other party to such an assignment is required.

If the assignment under the contract is carried out without the consent of the other party, this will be contrary to the provisions of Art. 382 and 388 of the Civil Code of the Russian Federation. By virtue of the requirements of Art. 168 of the Civil Code of the Russian Federation, the contradiction of the transaction with the requirements of the legislation entails its nullity.

According to Art. 167 of the Civil Code of the Russian Federation, an invalid transaction does not entail legal consequences, and each of the parties is obliged to return to the other everything received under the transaction, and if it is impossible to return what was received in kind, to reimburse its value in money.

So, in accordance with the circumstances of the case, enshrined in the Resolution of the Federal Arbitration Court of the Moscow District of October 20, 2005 N KG-A40 / 9518-05:

“Under the terms of the contract (Article 10), the possibility of assigning the right of a party under the contract is provided only with the prior written consent of its counterparty ...

When resolving the dispute, the courts established the absence of the defendant's consent to the assignment of the rights of claim under the contract dated 30.03.2004, as required by the terms of the contract.

In accordance with Art. 388 of the Civil Code of the Russian Federation, the assignment of claims by the creditor to another person is allowed if it does not contradict the law, other legal acts or the contract.

Since the court established the circumstances of violations of the requirements of Art. 382, 388 of the Civil Code of the Russian Federation at the conclusion of the assignment agreement dated February 28, 2005 and recognized the specified agreement as a void transaction that does not entail legal consequences from the moment it was made, and this conclusion of the court is correct, the court of cassation has no grounds to satisfy the cassation appeal.

The consent of the party to the contract to the assignment of rights and (or) obligations under the contract can be provided in several forms:

• separate written consent.

Consent to an assignment may be provided by a written document that clearly and distinctly confirms that the party agrees to the assignment of rights and/or obligations under the contract. In order to avoid disputes in the future, it is advisable to include in the consent information that individualizes the transaction for which the assignment is allowed (name, number, date, parties, essential conditions), the scope of rights and obligations allowed for assignment (it should be remembered that a partial assignment can be recognized invalid), data on the new party to the contract (especially important if the second party consents to the assignment only to a certain person);

• a tripartite contract between the original parties and a new party to the contract.

Consent to the assignment of rights and (or) obligations under the contract is given in the assignment agreement. In this case, the contract can be drawn up in the simplest form, in order to simply reflect the consent of the party to the assignment. Further relations with the new party to the contract can be regulated by an additional agreement that is agreed with the new party without the participation of the departing party;

• agreement mark.

Consent to the assignment may be given by affixing the word "agreed" to the assignment agreement, signing the general director of the party withdrawing from the agreement, and certifying with the seal of this party;

• consent after the assignment.

Russian judicial practice<1>acknowledges that the consent to the assignment will be valid and the assignment will be deemed to have taken place, even if such consent was given after the assignment.

<1>Decree of the Federal Antimonopoly Service of the West Siberian District of October 19, 2000 N F04 / 2722-675 / A75-2000.

Thus, Russian practice offers a fairly wide range of instruments through which the parties can express their consent to the assignment under the contract. In the absence of such consent, the assignment of rights and (or) obligations under the contract may be invalidated.

Inability to obtain consent to the assignment

It should be noted that, despite the existence of cases when an assignment under the contract is possible, even if a direct prohibition of this is enshrined in the contract, there are cases when the assignment is impossible even with the consent of the other party.

In accordance with Art. 589 of the Civil Code of the Russian Federation, the rights of a rent recipient under a permanent rent agreement cannot under any circumstances be transferred to commercial organizations:

"Recipients of permanent rent can only be citizens, as well as non-profit organizations, if this does not contradict the law and corresponds to the goals of their activities."

According to Art. 631 of the Civil Code of the Russian Federation, it is prohibited to transfer their rights to another person by a tenant of property under a rental agreement:

"Sublease of property provided to the tenant under a rental agreement, transfer by him of his rights and obligations under a rental agreement to another person, provision of this property for free use, pledge of lease rights and making them as a property contribution to business partnerships and companies or a share contribution to production cooperatives are not allowed.

Assignment in violation of these prohibitions will be considered null and void on the basis of Art. 168 of the Civil Code of the Russian Federation.

* * *

So, if the contract contains a prohibition on the assignment of rights and (or) obligations under the contract, the assignment is usually possible subject to obtaining the consent of the other party to such an assignment. At the same time, it must be remembered that there are cases when a concession is impossible even with the consent of the other party (rental, permanent rent). At the same time, there are cases when the assignment cannot be prohibited by the provisions of the contract (factoring, commission, etc.). In this case, one of the effective levers that prevent unauthorized assignment may be the provisions of the agreement on liability for unauthorized assignment.

The assignment of the right to lease a land plot is the transfer of the rights and obligations of the tenant in favor of another person, to the same extent as in the main contract. Consequently, the tenant cannot extend the lease term or change the terms of use of the land. A tenant who is "tired" of using the land received under a land lease agreement has two options.

The first is to terminate the agreement. To do this, you need to come to the owner of the land (lessor) and together with him go to the registration authority and terminate the contract by mutual agreement of the parties. If the landlord is an individual, then the termination process will take from 3 to 10 business days, but if the state, subject of the Russian Federation or the administration represented by local government, then the process will take from 1 to 3 months.

Assignment agreement transfers rights and obligations

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The moment of transfer of the right of claim to the assignee under the assignment agreement

Meanwhile, the above terms of the assignment agreement do not affect its validity, since they are consistent with the principle of freedom of contract (Article 421 of the Code) and do not contradict paragraph 1 of Chapter 24 of the Code, which does not contain provisions that exclude the possibility of inclusion in the agreement on the basis of which the assignment of rights is made , provisions stipulating the moment of transfer of the assigned rights from the assignor to the assignee by the fulfillment by the latter of his obligations to pay for the acquired right. Thus, the legal position in this case provides that the condition of the contract for the assignment of the right to claim, which provides for the transfer of the right after payment, cannot be the basis for recognizing this transaction as void. The stated position seems logical and justified.

The parties provided in the agreement for the advance payment of the assigned right of claim (such a conclusion of the cassation instance contradicts the above conclusion that the assignor transferred the claim to the assignee at the time of the conclusion of the assignment agreement). According to the Civil Code of the Russian Federation, in the event that the buyer fails to fulfill the obligation to pre-pay for the goods, the rules of the article on the counter-fulfillment of the obligation are applied. The consequences of failure to fulfill the obligation to pay in advance are regulated by the norms of the Civil Code of the Russian Federation, which exclude the possibility of its forced recovery, therefore the requirements of the assignor are not based on the law.

Under an assignment agreement, the right to a penalty can be transferred to a new creditor

The right to a penalty is a right associated with the transferred claim. This right should be considered transferred to the assignee together with the requirement to pay the amount of the principal debt, unless the scope of the assigned rights is specifically limited by law or by agreement of the parties.

The right of the original creditor passes to the new creditor to the extent and on the terms that existed at the time of transfer of the right. In particular, the rights securing the performance of the obligation, as well as other rights related to the claim, including the right to unpaid interest, are transferred to the new creditor.

Agreement on the assignment of a claim (cession) under a writ of execution

1.2 The right to claim debt and enforce judicial acts passes to the Assignee to the extent and on the terms that the Assignor had at the time of the transfer of rights. In particular, the rights that ensure the fulfillment of obligations by the debtors, as well as other rights related to the claim, pass to the Assignee.

OOO "_____" represented by ____________________, acting on the basis of _______________________, hereinafter referred to as "Assignor", on the one hand, and __________ , current ________________________________________________, hereinafter referred to as "Assignee", on the other hand, guided by Article.Article. 382-390 of the Civil Code of the Russian Federation, have concluded this agreement on the following:

Contract of assignment of the right to claim - sample

1. The subject of the agreement is what is being transferred, for example, “First Creditor LLC cedes to New Creditor LLC the right to claim under the agreement dated “today” concluded between First Creditor LLC and Debtor LLC, in volumes and on terms, established by the agreement between First Creditor LLC and Dolzhnik LLC.
2. The second is the price, for example, "the price of the contract is so many rubles."
3. Rights and obligations of the parties. As a rule, the original creditor is obliged to transfer to the new one all documents, contracts related to claims against the debtor. In addition, a notice of assignment of the right to claim is prescribed. This is the responsibility of the original creditor, and the new creditor must be notified of any objections.
4. Responsibility of the parties.
5. Final provisions. They prescribe the moments when the cession agreement comes into force, how many copies were drawn up and other aspects that are significant for the parties.
6. Dispute resolution procedure.
7. Details and addresses.

In Russian practice, the most common case of such an agreement is the provision of a loan, that is, a certain amount of money that one person, both an individual and a legal entity, transfers to another on certain conditions. Such an agreement is the transfer of housing from a construction company to a buyer as a result of shared construction, when settlement is expected after a certain time.

Assignment of the right to claim on a loan (Assignment Agreement)

In the Law “On Banks and Banking Activities”, right in Article 1, the definition of a bank is spelled out: “A bank is a credit institution that has the exclusive right to carry out the following banking operations in aggregate: attraction of funds from individuals and legal entities to deposits, placement of these funds on its own behalf and at its own expense on the terms of repayment, payment, urgency, opening and maintaining bank accounts individuals and legal entities." To become a bank, you need to obtain a license from the Central Bank of Russia. This is hard work, not fast, and not cheap. The loan was issued to you not by a simple legal entity, although the bank naturally is one, but by a specially licensed entity.

The borrower must remember that the bank's lawyers draw up an agreement only in the interests of the bank, and therefore, according to part 2 of article 382 of the Civil Code of Russia: “The consent of the debtor is not required for the transfer to another person of the rights of the creditor, unless otherwise provided by law or the contract.” Your consent to the approval of this agreement will not be required. The next point that often happens in practice is the impossibility or difficulty of providing an assignment agreement on the part of a collection agency. Sometimes even in court they cannot provide it. For a borrower, this is just a fairy tale, because in order to demand any amount, it must be confirmed by some document. You as a borrower, a bank or a collection agency MUST. Notify you that an assignment of your loan claim has taken place. Otherwise, according to Part 3 of Article 382 of the Civil Code of the Russian Federation: “If the debtor has not been notified in writing of the transfer of the rights of the creditor to another person, the new creditor bears the risk of adverse consequences caused by this for him. In this case, the performance of the obligation to the original creditor is recognized as the performance to the proper creditor. collectors bear all the risks associated with this, and you have every right to fulfill your obligation directly to the bank. The proper notice must be in writing and must be accompanied by a copy of the assignment agreement. If there is no copy of the contract, then you have every right not to pay a collection agency or other legal entity. Moreover, even if a proper copy is provided to you, you still have the absolute and full right to resolve the issue in court, which will be the best option for you as a borrower, since collectors in court always have more inaccuracies than banks, because this sometimes individual entrepreneurs or newly created LLCs that have a staff of one and a half working units.

How to draw up an assignment agreement

The need to apply a cession arises if the debtor, for a certain time, does not fulfill the obligations assigned to him to the creditor. And he, due to the circumstances, cannot recover the debt from the borrower on his own.

It is worth saying that the object to be retrieved is different. The most common are: the obligation of the developer to the buyer of real estate and the debt under the loan agreement. The second most popular assignment under a loan agreement. Typically, such an assignment agreement is concluded between legal entities. The assignment of the right to claim under a loan agreement, with or without collateral, does not differ from similar agreements and does not contain special conditions. The requirements for execution and preparation are also identical, and a tripartite assignment agreement can often be concluded.

Assignment of claim to several new creditors

Assignment of rights under a preliminary contract of sale of real estate can be made by the buyer to two or more future buyers. The parties must agree among themselves to what extent the rights under the agreement are transferred to each of the new creditors. If there are many new creditors, it will be burdensome for the seller and he has the right to challenge the assignment agreement on the basis of part 3 of article 384 of the Civil Code of the Russian Federation

And it must be borne in mind that the assignment of claims is often disputed, because it leads to a change in the original contract, and according to Article 451 of the Civil Code of the Russian Federation, a change in the contract can only be made if there is a significant change in circumstances that the parties could not foresee when concluding the contract.

Contents of the contract of assignment of the right to claim

The notification form must be in writing. If this has not happened, performance to the original creditor shall be recognized as performance to the due creditor. Under the adverse consequences mentioned in paragraph 3 of Art. 382 of the Civil Code of the Russian Federation, the burden of a recourse claim against the assignor, which received execution after the transfer of rights to him, is implied.

So, the assignor has the following obligations: to transfer documents certifying the assigned right of claim; provide information relevant to the implementation of this requirement; indemnify the assignee if the claim assigned by him turns out to be invalid for some reason; be liable for the impossibility of the obligation corresponding to the ceded claim by virtue of the guarantee he has accepted for the assignee.

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The contract of assignment of claims as its subject determines the right of claim or the law of obligations. The cession agreement can be both gratuitous and compensated forms. If this requirement is not met, the new creditor will bear all the risks resulting from the absence of this notice. The debtor can fulfill his obligations to the original creditor - the Assignor. The rights of the Assignor shall pass to the Assignee to the same extent and under the same conditions that existed at the time of the transfer of rights. For what the Assignor is obliged to transfer to the Assignee all the documents existing before the assignment of the right of claim. Contract of Assignment of Claim Rights for Contract Works SUBJECT OF THE AGREEMENT 1.1. The Assignor assigns to the Assignee the totality of rights and obligations arising from the construction contract No. dated "" 2018 concluded between the Assignor and the Contractor for the construction located at the address. 2.

The contract for the assignment of the right to claim and the transfer of debt under the contract No. d. "" d. in a person acting on the basis of, hereinafter referred to as "Party 1", on the one hand, and a citizen, passport (series, number, issued), residing on address, hereinafter referred to as "Party 2", on the other hand, hereinafter referred to as the "Parties", have concluded this agreement, hereinafter referred to as the "Agreement", as follows: 1. SUBJECT OF THE AGREEMENT 1.1. Under this agreement, Party 1 assigns, and Party 2 accepts in full the rights (claims) belonging to Party 1 as the Construction Customer under Contract No. dated "" of the year. 1.2.

Contract of assignment of the right to claim and transfer of debt under a work contract

The Assignor cedes, and the Assignee accepts in full the right to claim under the agreement No. dated d. concluded between the Assignor and, hereinafter referred to as the Debtor. 2. Duration of the contract 2.1. The agreement comes into force from and is valid until. 3. Rights and obligations of the parties 3.1. The assignor is obliged: The debtor is not a party to the assignment agreement, although he participates in further settlements.

Attention

Form of the assignment agreement An assignment agreement is concluded in the same form as the agreement under which the company sells debts (clause 1, article 389 of the Civil Code of the Russian Federation). That is, in most cases it is a simple written form. But there are exceptions. For example, the sale of debt under a real estate lease agreement, which was concluded for a period of a year or more.

Contract of assignment of rights and transfer of debt under a work contract SUBJECT OF THE AGREEMENT 1.1.

Contract of assignment of the right to claim under a work contract

Party 2 has the right to require the Contractor to perform the following obligations under the Contract: . 4. RESPONSIBILITY OF THE PARTIES 4.1. The party that has not fulfilled or improperly fulfilled its obligations under this agreement is obliged to compensate the other party for the losses caused by such non-performance. If the party that violated the contract received income as a result of this, the party whose rights were violated has the right to demand compensation, along with other losses, for lost profits in an amount not less than such income.
4.2. Party 1 is responsible to Party 2 for the invalidity of the rights transferred to it, but is not responsible for the Contractor's failure to fulfill the Contract. 4.3. Party 2 is responsible to Party 1 for the timely payment under this agreement.

Assignment contract for construction contract

Important

CONDITIONS FOR ASSIGNMENT OF RIGHTS OF CLAIM 2.1. The Assignee accepts the work from the Contractor and pays for it, including for accounts payable as of the date of signing this Agreement. Essential terms of the assignment agreement Information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation of October 30, 2007 No. 120 which the respective right arose. In this case, the parties did not indicate in the agreement on the assignment of the right (claim) to such an obligation, therefore, in accordance with Article 432 of the Civil Code of the Russian Federation, it was recognized by the court as not concluded.

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Party 2 is responsible to Party 1 for the timely payment under this agreement. In case of delay in any of the payments, in part of its obligations, Party 2 is obliged to pay Party 1 a penalty in the amount of % of the amount outstanding on time for each day of delay. 4.4. In cases not provided for by this agreement, property liability is determined in accordance with the current legislation of the Russian Federation.

5. PRIVACY 5.1. The terms of this agreement and additional agreements to it are confidential and not subject to disclosure. 6. RESOLUTION OF DISPUTES 6.1. All disputes and disagreements that may arise between the Parties on issues that have not been resolved in the text of this agreement will be resolved through negotiations on the basis of current legislation and business customs. 6.2.

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• What is an assignment agreement?
  • Contract of assignment of rights (cession) under the contract for investment in construction

Contract of Assignment of Claims The purpose of concluding this contract is the waiver of the creditor's rights belonging to him in relation to the debtor and their transfer to another person. The legislation does not provide for any restrictions on the legal status of participants in the assignment agreement.

Assignment of rights and obligations under a contract

The following are the rights and obligations under the Participation Agreement that exist as of the date of conclusion of this agreement: 3.1.1. Party 2 is obliged: to pay the costs for the transfer of rights in an amount equal to the price of the Contract. 3.1.2. Party 2 has the right to require the Contractor to perform the following obligations under the Contract: .
4. RESPONSIBILITY OF THE PARTIES 4.1. The party that has not fulfilled or improperly fulfilled its obligations under this agreement is obliged to compensate the other party for the losses caused by such non-performance. If the party that violated the contract received income as a result of this, the party whose rights were violated has the right to demand compensation, along with other losses, for lost profits in an amount not less than such income. 4.2. Party 1 is responsible to Party 2 for the invalidity of the rights transferred to it, but is not responsible for the Contractor's failure to fulfill the Contract.

4.3.

Assignment of rights and obligations under a contract

The Contract Agreement (hereinafter referred to as the Contract Agreement) specified in clause 1.1 of this Agreement is concluded between Party 1 and, hereinafter referred to as the Contractor, on the construction of an individual residential building (hereinafter referred to as the House, Object) located on a land plot, cadastral (or conditional number) : at the address: owned by Party 2 on the right, which is confirmed. 1.3. According to clause of the Work Agreement, the Contractor is obliged, after obtaining permission to put the Facility into operation, to transfer to Party 1 the following facility: . 1.4. Along with the assignment of rights, Party 1 transfers, and Party 2 fully assumes the obligations of Party 1 under the Contract.

1.5. Under the Contract Agreement, Party 1 is obliged to pay the Contractor for the Facility cash in the amount of rubles. At the time of the conclusion of this agreement, the obligation to pay the specified amount has been fulfilled by Party 1 in full. 2. RIGHTS AND OBLIGATIONS OF THE PARTIES 2.1.

Assignment of obligations under a contract

In case of delay in any of the payments, in part of its obligations, Party 2 is obliged to pay Party 1 a penalty in the amount of % of the amount outstanding on time for each day of delay. 4.4. In cases not provided for by this agreement, property liability is determined in accordance with the current legislation of the Russian Federation. 5. PRIVACY 5.1. The terms of this agreement and additional agreements to it are confidential and not subject to disclosure. 6. RESOLUTION OF DISPUTES 6.1. All disputes and disagreements that may arise between the Parties on issues that have not been resolved in the text of this agreement will be resolved through negotiations on the basis of current legislation and business customs. 6.2. In case of non-settling in the process of negotiations, disputes are resolved in court in the manner prescribed by the current legislation of the Russian Federation. 7. FINAL PROVISIONS 7.1.