Contract concessions under the contract. Agreement on the transfer of rights and obligations under the contract. It's important to know! Be sure to read

Cessia agreement (concessions of the right of claim) under the Civil Code of the Russian Federation in 2020 is drawn up with compulsory taking into account established rules and nuances.

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When they are ignored, there is a high probability of recognition by the Court of the Contract failed. The legislation of the Russian Federation provides for the possibility of transferring the rights to other persons.

To do this, it is enough to draw up a cessia agreement. At the same time, it is necessary to pay attention to certain subtleties, allowing you to make an agreement with ease and at the same time not to recognize it by the invalid judicial authority.

Important moments

Before proceeding to consideration regarding the rules for drawing up a cessia treaty, it is initially necessary to deal with the basic concepts and legislative aspects regulating the document filling.

What it is

To be able to give a clear definition of a cessia agreement, which is simple words, you need to contact.

Based on the specified legislative act, a cessia agreement - an agreement, in which one of the parties acts as a cedent (initial creditor for the obligation) and transfers the transfer of the rights of the Cessionaria (a person who acts as a new lender).

This is possible in order to require the fulfillment of debt debt.

It is important to remember: in the process of transferring the rights of claim, for example, the sale of debt, a new lender must require a carrier of debt obligations to fulfill its obligations on those conditions that cannot worsen its position.

Parties to the Agreement

Parties to the agreement are:

It is important to remember: the main package of the necessary concomitant documentation is determined individually.

Legal base

The change in the composition of the subjects of mandatory relations can be launched as a direct lender and the debtor himself. This is clearly indicated in Art. 382 and.

The creditor's powers can be transferred through the agreement or by virtue of certain legislative prescriptions - provided for Art. 382 of the Civil Code of the Russian Federation.

Modifying the directories of the lender may be prohibited or limited - is displayed in.

At the same time, the situations in which it is necessary to obtain a debtor's consent is established by such legislation as:

Additionally, it is necessary to pay attention to what clearly indicates that if the lender decided to transfer future interest and loss rights, there is no need to specify the immediate transition of interest percentage.

This is largely due to the fact that this is implied automatically. All legislative acts mentioned above are not exhaustive, but at the same time contain all the necessary information on the issue under consideration.

Features of the conclusion of the transaction

According to the agreement under consideration, it is possible to make a concession:

  • existing rules;
  • further right requirement;
  • possible controversial law;
  • the rights of requesting various penalties: accrued penalty, interest, reimbursement of damage and so on;
  • possible right to regress (for example, a citizen does not want to spend his time and decided to convey the right to other persons).

In particular, it indicates:

"The judiciary decided to refer to Art. 382 And, which made it possible to conclude that the significant conditions of the contract regarding the concession of rights are considered a concrete circumstance, due to which the appropriate right was formed "

Based on judicial practice, it can be concluded that substantial conditions are made to include the amount of financing and the monetary requirements themselves who are bought by those or other persons.

ORDER FILLING ORDER (sample)

Depending on who exactly participates in the conclusion of the Cessia Agreement, there are certain features of which one should always be remembered to avoid problems directly related to the risk recognition of the document invalid.

Between legal entities

The agreement between legal entities can be prepared for various reasons.
For example, it often signs financial institutions for hopeless debt obligations.

And not only credit companies can be in the role of a new lender (on the basis of the definition of the Armed Forces of the Russian Federation from October 2015).

The main nuances of the concession agreement between legal entities are:

In addition, you should not forget about the obligatory display of the transaction in the accounting documentation, as well as to pay VAT. For this reason, it is necessary to approach the price of the agreement with extreme caution.

It is important to remember: representatives of the tax authority have the right to add if they are established by the fact of deliberately understatement of the cost.

Between individuals

This agreement can sign citizens who are not representatives of any companies. Making an emphasis on the Civil Code of the Russian Federation, it is individuals who determine the variety of operations and periods.

In the document itself it is necessary to display the principle of transmission of rights to other persons, and this can be both paid and for compensated form.

Advanced necessarily to display:

  • the total amount of monetary debt;
  • payment period;
  • available rules and obligations for each side;
  • information from the passport (series, the number, by whom and when was issued and so on).

It is important to remember: the concession agreement cannot be signed in those situations where the debtor is already committed to the judicial authority on the payment of personal debt obligations.

  • etc.

This nuance must be remembered in order to minimize the risks of different misunderstanding.

Between legal entities and individual

Considering the Civil Code of the Russian Federation, certain conclusions are suggested as follows:

Speaking with simple words, each indicates their details, which among themselves differ slightly. Everything else remains standard.

Trilateral

The tripartite version of the documentation differs from the standard contract only by the fact that in the first situation the debtor himself takes part in the transaction.

If we talk about the status of persons who are directly involved in the process of drawing up, this fact also plays an important role.

Some differences are provided in the process of forming a contract that are directly related to the physical or legal entities participate in the transaction.

In the event that we are talking about trilateral relationships between individuals, it is enough just to provide passports of each of the parties.

If we are talking about the relationship between individuals and legal entities, the rules are slightly different:

  • physicians need to provide only a passport;
  • legal entities need to additionally specify, personal information and passport details.

In addition, legal entities before signing the document are obligatory obliged to undergo an inspection for the reliability of constituent documentation.

The verification is necessary only with the goal to protect other participants of the transaction from fraudulent actions (for example, there is no error).

Order of termination

Distribut the agreement in several ways:

  • unilaterally;
  • in bilateral manner.

To be able to terminate the contract unilaterally provides such options:

It is worth noting that the reasons must be weighty for termination, which means:

The legislation of the Russian Federation is allowed to terminate the cessia agreement by mutual agreement and consolidating this decision by signing an additional contract.

In such a contract, indicate:

  • full initials of cessionary and cedentis;
  • documents on the basis of which the Agreement is valid.

In addition, in such a contract, you must specify:

  • the main reason for termination of the Agreement;
  • specific rights and obligations of each party;
  • level for each of the parties;
  • general. In other words, it is necessary to indicate the period of entry into the legal force of this contract.

In no compulsory, at the end of the document, you must put signatures, addresses of the parties.
If we are talking about legal entities, then in the presence of printing it is necessary to put it additionally.

Arising nuances

In the process of transferring the rights of claim to other persons, it is necessary to take into account about the nuances that arise. Consider the most topical details of them.

Tax consequences of the transaction

Value Added Tax In the process of transferring the rights of claim implies certain features.

It is the grounds for which the need for the rights of claim arose, it depends - there is taxation or not.

VAT may be accrued on a variety of transactions that debt obligations were transferred on the basis of a signed (based on).

Video: Cessia Agreement

At the same time, VAT cannot be accrued to concessions to the rights of debt, which was formed by the results of the sale of products or granting and at the same time they are exempt from taxation at the legislative level.

An example can be given a deal to sell debt obligations that were formed on the basis of ignoring the obligations of the software.

It is also worth paying attention to the fact that he plays a special impact and the person itself, which has the right to demand, since it is the rule that depends on which value added tax is calculated.

If debt obligations decided to sell the lender itself, who may be, for example, a supplier of any services, then the tax base is determined by the amount of income size from the volume.

Recognition of its invalid (judicial practice)

According to the Civil Code of the Russian Federation, debtors have few options to challenge the cessia agreement.

The basis may be the fact of recognizing the agreement failed, and at the same time only in the case of identifying the assignment of rights of the requirements of the Treaty.

An additional reason for the possibility of recognizing the fact of the contract failed to serve as a revealing fact of the violation of the concession itself of its specified conditions.

At the same time, on the basis of the act not compliance with restrictions on the assignment, does not deprive the possibility of transfer of legal force.

In addition, on the basis of Art. 388 of the Civil Code of the Russian Federation, to recognize the contract failed on such additional conditions as:

It is at the above reasons that can be discovered judicial proceedings. Despite the fact that in judicial practice for such matters, the judge infrequently take the side of the debt carrier, the presence of at least one of the above grounds may guarantee the recognition of the contract as failed.

What accounting woes are reflected

The exercise of accounting in the subject matter of all, without exception, participants in the cessia, including the very medium of debt obligations, has certain specific features.

The initial lender, which became a zedent, has several options - the transfer of the rights of the claim to the period of the required payment and after it.

In the first situation, the base for all necessary calculations are certain costs that are calculated by the difference between the period of making a cessia until the closure of debt obligations on the basis of.

Another option implies costs in the form of a negative difference between the realization profit and the obtained amount of the cost of the products being implemented, work or services.

Postings under the CESSIA Treaty in the debtor on the basis of the Federal Law on Accounting will be viewed:

In Cessionary, an example is:

Additionally, it is necessary to pay for the fact that the documentary confirmation will be only a concession agreement and bank statement. They will be on the basis of the Civil Code of the Russian Federation and quite enough.

Gratuitous agreement between relatives

The signing of a cessia of gratuitous form cannot be considered a violation of the legislation of the Russian Federation.

At the same time, if one of the parties (regardless of who exactly) decides to apply to the judicial authority, the judge with a large share of probability (practically guaranteed) recognizes such a deal as a failed.

In such a situation, the risk is not a refund of funds at least huge.

Thus, by the way, financial institutions are received in the process of implementing the arrays of "bad debt obligations" with a discount of almost up to 92% of the nominal cost (it is implied the opportunity to buy duty from the bank).

This kind mechanism allows you to fully clear the personal balance of arrays.

It is worth noting that many buy rights and use them as a business. If we talk about the agreement itself of this form, then the sample is absent.

Report province in the same period all other information that is important for the implementation of the cessionary of their rights to the agreement specified in paragraph 1.1. 2.2. Cessionary is obliged to pay cash in the amount specified in paragraph 3.1 of this Agreement for transmitted rights (requirements). 2.3. The debtor is obliged to pay the debt under the contract specified in paragraph 1.1 of this Agreement, the cessionary in the following order :. The amount of the contract 3.1. For applicable rights (requirements), Cessionaria pays cash in the amount (). 3.2. Payment specified in paragraph 3.1 of this Agreement amount is performed in the following order :. Responsibility of the parties 4.1. For non-performance or improper performance of this Agreement, the parties are responsible in accordance with the current legislation of the Russian Federation. 4.2.

Transfer of rights and obligations under the contract: what, to whom and how?

Part 1 and Party 2 are required to transfer all the necessary documentation, justifying the requirements of the requirements transmitted under this Agreement, and inform all information that are important to the realization of the rights of the claim, side 3 on time before [Number, month, year]. 3. Responsibility of the parties 3.1. The party who did not fulfill or improperly fulfilled the obligations under this Agreement is obliged to compensate to the other party causing losses caused by such non-performance. 3.2. Party 2 is responsible for the side of 3 for the invalidity of rights transferred to him.
3.3. Party 2 is not responsible before Party 3 for non-fulfillment by the Debtor of the Treaty [Enter the necessary] n [value] from [Number, Month, Year]. 3.4. In cases not provided for in this Agreement, the responsibility is determined in accordance with the current legislation of the Russian Federation. 4. Procedure for consideration of disputes 4.1.

Trilateral concession agreement

Cedent is responsible for the accuracy of documents transferred in accordance with this Agreement; It guarantees the presence and transfer of all respondent hypothesionia rights (requirements). Final provisions 5.1. In everything else, which is not provided for by the terms of this Agreement, the parties are guided by the current legislation of the Russian Federation. 5.2. This Agreement comes into force on the date of its signing by the Parties and is valid until the fullender of the obligations under the contract specified in P.

1.1<*. 5.3. Настоящий Договор составлен в 3 (трех) экземплярах, имеющих одинаковую юридическую силу, по одному для каждой из сторон. РЕКВИЗИТЫ СТОРОН ЦЕДЕНТ ЦЕССИОНАРИЙ ДОЛЖНИК ПОДПИСИ СТОРОН ЦЕДЕНТ ЦЕССИОНАРИЙ ДОЛЖНИК М.П. М.П. М.П. ----------- <* Примечание.

Three-sided cessia treaty - conditions for conclusion

Described the subject of the transaction, the conditions of transfer of rights, order and deadlines of the notification, numbers, and the date of its conclusion. IMPORTANT: Cessia is allowed to transfer the subject of the contract (real estate), but at the same time the contract and the shareholder agreement must pass state registration. Wiring at a trilateral agreement agreement provides for the property right of the cedentiary, which must be included in the assets.

In accounting reflects its sale number 91. In accordance with paragraph seven and paragraph sixteen accounting provisions, proceeds from Cessia refers to the category of other income. Guided by paragraph six and paragraph ten of the same provisions, put on accounting in the amount of a certain agreement.

Treaty Treaty Agreement: Sample Download

Revenue fixed on a loan account number ninety-one, correspondent as "Calculations with other debtors and creditors" number seventy six and open the subaccount for calculations under the concession agreement. Perhaps the accrual of tax on the added value of the subject, if the amount of the size of the requirement is exceeded. This is provided for by the first paragraph of article one hundred and fifty-fifth of the Tax Code of the Russian Federation.

CESSIAN COSSIA COMPLETE IN Other Account Count Debit Ninety One, in accordance with the number six and fourteen item. On the day of signing the agreement, the debit 91-2, Credit 62 (76; 58) on the write-off cost. Cessionary payment is fixed by debit 51 (50), a loan of 76 subaccount associated with the calculations under the CESSIA Treaty.

Practice shows that debts are different, and individual, cause difficulties not only the debtor, but often a lender.

Cessia agreement

Part 3 receives the right requirement of the initial creditor from the debtor of the proper fulfillment of obligations in the volume and on the conditions that existed by the time of the transition of the right under the contract [enter the necessary] n [entertain the necessary] from [number, month, year], namely: [ Specify the composition of obligations]. 1.5. For the assignment of rights, the requirements Part 3 pays the side of the 1st amount in the amount of [enter the necessary]. 1.6. From the moment of entry into force of this Agreement, the obligations of the Party 2 before Party 3 are considered terminated.
2. Rights and obligations of the Parties 2.1. Party 2 assumes the obligation to notify the debtor about the assignment of the rights of the demand until [enter the necessary]. 2.2.

Contract concessions

The most common when divorced, the division of property relations, in cases where children take the burden of paying debts instead of parents. It will not require notarization or state registration, just the date and signatures of the parties are sufficient. However, in the text it is necessary to indicate passport data, the amount of debt, the time interval of compensation and method of payment.

  • Between legal entities and individuals.
    If the subject of the contract becomes not the right to pay for payments by debt, and the debt itself, then this process is called its transfer. The person who accepted this burden agrees to pay debt in accordance with the terms of the previously concluded document in the same volume and on the constant conditions.

Important

Knowing this information, in case of violation of the transaction items, any Party may contact the judicial authorities. Accounting and taxation In cases where the transaction was made on a paid basis, the amount obtained during the sale of the right to recover the debt should include VAT tax. In addition to all the cedent, and the cessionary is necessary to make wiring.


Wiring Cessionary 58-76 (50) - a transaction carried out in order to purchase debt obligations. 76 (60) - 51 CENTENT CENTER. 51-91.1 - payment by debtor debtor in accordance with the Treaty. 58-91.2 - debt debt. 91.2-68 - Accrual of VAT tax. 91.9-99 - the difference between the initial debt size and the fact that I paid for the debtor. Cedental wiring 76-91.1 - the amount obtained from the transaction with the cessionary. 91.2 - 68 - VAT accrual. 91.2 - 62 - write-off debt from the debtor.

Trilateral assignment of rights and obligations under the contract

In the text, a mandatory point indicates the payment timing and in what form such conflict situations are solved initially - in pre-trial or judicial order.


The concession contract of the requirements as its subject determines the right of claim or obligational right. Cessia agreement can be both gratuitous and compensated forms. If this requirement is not fulfilling this requirement, the new lender will carry all the risks caused by the lack of this notice. The debtor can fulfill its obligations to the initial lender - the cedent. Cedental rights are transferred to the cessionary in the same volume and under the same conditions that existed by the time of the transition of rights. For which the cedent is obliged to transfer to the cessection all the documents that exist before the assignment of the right of claim. Treaty assignment of rights of claims in contracting work Subject 1.1. The cedent is inferior to the concession of the rights and obligations arising from the construction contract number from "" 2018. The concluded between the cedent and the contractor for the construction of the address located at. 2.

Contract assignment to the right of the demand and transfer of debt under the contract No. G. "" in the face acting on the basis, hereinafter referred to as "Party 1", on the one hand, and a citizen, a passport (series, number, issued), The address, hereinafter referred to as "Party 2", on the other hand, hereinafter referred to as the "Parties", concluded this Agreement, in the future "contract", as follows: 1. Subject of the contract 1.1. Under this Agreement, the Party is inferior, and Party 2 takes a full law (requirements) owned by the Party 1 as a customer of construction under the contract No. from the "" year. 1.2.

Contract concessions right requirements and translation debt under contract

The cedent is inferior, and the censionary is fully taking the right to demand the requirement for the province of the prisoner between the cedent and, referred to as the debtor. 2. Term of the contract 2.1. The contract comes into force with and acts before. 3. Rights and obligations of the Parties 3.1. Cedent is obliged: the debtor is not a party to the contract of Cessia, although participates in further calculations.


Attention

The form of the CESSIA agreement Agreement on Cessia conclude in the same form as the contract for which the company sells debts (paragraph 1 of Art. 389 of the Civil Code of the Russian Federation). That is, in most cases it is a simple writing. But there are exceptions. For example, the sale of debt under the lease agreement of the property, which was concluded for a term of the year and more.


Agreement of assignment of rights and transfer of debt under the contract Submit agreement 1.1.

Contract concessions right claim under the contract

Party 2 has the right to demand from the Contractor to fulfill the following duties under the contract agreement :. 4. Responsibility of the parties 4.1. The party who did not fulfill or improperly fulfilled the obligations under this Agreement is obliged to compensate to the other party caused to such non-performance damages. If the party who violated the contract received due to this income, the party whose rights are violated, has the right to demand compensation along with other losses of missed benefits in the amount of not less than such income.
4.2. Party 1 responds before side 2 for the invalidity of the rights transferred to him, but is not responsible for the failure to comply with the contractor's contract. 4.3. Party 2 responds before side 1 for the timeliness of payment under this Agreement.

Contracting contract

Important

Conditions of assignment of rights Requirements 2.1. Cessionary is accepting work at the contractor and their payment, including on the date of signing of this contract of payable debt. The essential conditions of the CESSIA Agreement Information Letter of the Presidium of the Court of Arbitration of the Russian Federation of October 30, 2007 No. 120, referring to the provisions of Article 382 clause 1 and paragraph 1 of Article 432 of the Code, recognized that a significant condition for the assignment agreement (requirements) is an indication of a specific obligation, from which arose appropriate right. In this case, the parties did not indicate the agreement on the assignment of the right (requirements) on such an obligation, therefore, in accordance with Article 432 of the Civil Code of the Russian Federation, it was recognized as an inconclusive court.


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Party 2 responds before side 1 for the timeliness of payment under this Agreement. In case of a delay of any of the payments, in terms of its obligations, Party 2 is obliged to pay the side 1 penalty in the amount of% of the amount unpaid for each day of delay. 4.4. In cases not provided for in this Agreement, property liability is determined in accordance with the current legislation of the Russian Federation.

5. Privacy 5.1. Terms of this Agreement and additional agreements to it are confidential and not subject to disclosure. 6. Dispute resolution 6.1. All disputes and disagreements that may arise between the parties on issues that have not found their permission in the text of this contract will be resolved through negotiations on the basis of current legislation and customs of business turnover. 6.2.

Transfer of rights and obligations under the contract: what, to whom and how?

  • Contract concession requirements
  • Treaty assignment of rights Requirements for contracting work
  • Substantial conditions of the CESSIA Agreement
  • did not you find what you were looking for?
  • Recovery test: obvious and ambiguous
  • Cessia agreement: Sample, Conditions
  • Contract concessions and transfer of debt under the contract
  • Cessia Treaty Samples, Forms, Blanks, Typical
  • What is a cessia agreement?
    • Contract concession (cession) under construction investment contract

The contract of concessions of the requirements for the purpose of the conclusion of this contract is the creditor refusal from the rights belonging to him and their transfer to another person. The legislation does not provide for any restrictions on the legal status of the participants of the CESSIA agreement.

Reversal of rights and obligations under the contract

Below are the ongoing rights and obligations under the participation contract that exists at the date of the conclusion of this Agreement: 3.1.1. Party 2 is obliged to: pay for the cost of transfer of law in the amount of equal to the contract of contract. 3.1.2. Party 2 has the right to demand from the Contractor to fulfill the following duties under the contract agreement :.
4. Responsibility of the parties 4.1. The party who did not fulfill or improperly fulfilled the obligations under this Agreement is obliged to compensate to the other party caused to such non-performance damages. If the party who violated the contract received due to this income, the party whose rights are violated, has the right to demand compensation along with other losses of missed benefits in the amount of not less than such income. 4.2. Party 1 responds before side 2 for the invalidity of the rights transferred to him, but is not responsible for the failure to comply with the contractor's contract.


4.3.

Concession of rights and obligations under the contract

This contract specified in paragraph 1.1 of this contract (hereinafter referred to as a contract) is concluded between the side 1 and, referred to as a contractor, on the construction of an individual residential building (hereinafter - the house, object) located on the land plot, cadastral (or conditional number) : at the address: belonging to the side 2 on the right, which is confirmed. 1.3. According to P. Contracting Contract Contractor is obliged after receiving permission to enter the Object to put into operation to transfer the side 1 the following object :. 1.4. Along with the concession, Party 1 transmits, and side 2 fully assumes the obligations of Party 1 under the contract.

1.5. Under the contract, the Party 1 is obliged to pay the Contractor for the object of money in the amount of rubles. At the time of the conclusion of this Agreement, the obligation to pay the specified amount is fulfilled by the Party 1 in full. 2. Rights and obligations of the Parties 2.1.

Assignment of responsibilities under the contract

In case of a delay of any of the payments, in terms of its obligations, Party 2 is obliged to pay the side 1 penalty in the amount of% of the amount unpaid for each day of delay. 4.4. In cases not provided for in this Agreement, property liability is determined in accordance with the current legislation of the Russian Federation. 5. Privacy 5.1. Terms of this Agreement and additional agreements to it are confidential and not subject to disclosure. 6. Dispute resolution 6.1. All disputes and disagreements that may arise between the parties on issues that have not found their permission in the text of this contract will be resolved through negotiations on the basis of current legislation and customs of business turnover. 6.2. If unresolved in the negotiation process, disputes are permitted in court in the manner prescribed by the current legislation of the Russian Federation. 7. Final provisions 7.1.

Is it possible to make assignment of rights and responsibilities under the trust management agreement (one confidence manager comes out, the other enters the contract and becomes instead of it)? The consent of the owner of the property is available.

Answer

Yes it is possible. For this, it is most advisable to conclude a tripartite agreement on the replacement of the part of the contract.

"From July 1, 2014, amendments to the aforementioned in the new way, many questions about the assignment of rights (requirements), as well as the transfer of debt on another person, entered into force.

A dispositive rule appeared about when the requirement passes to the cessionary. This happens at the time of the conclusion of the contract, but the law or agreement may be provided otherwise.

The procedure for the concession of the future requirement, as well as non-cash requirements, is settled.

The law for the first time described in detail, which consequences will come, if you establish a ban in the main contract or restriction on the assignment of the claim.

Finally, there was special regulation for concessions the requirements and translation of debt in business relations. For example, in this case, the transfer of debt can be issued without an agreement between the old and new debtor, but by the agreement between the lender and the new debtor. And besides, only in business relationships are possible a concession of future requirements.

New rules for concessions of rights (requirements)

Now the law specifies the conditions when the assignment of rights (requirements) is possible.

As from July 1, 2014, the order of notification of the debtor about the transition of the right and the assignment of the requirements has changed

Does the consent of the debtor required for concessions

The Solidarity Lender has the right to give way to a third party with the consent of other lenders, unless otherwise provided by agreement between them ().

Attention! If the cedent lost the same demand to several persons, then the right of claim is recognized by which it has passed the transfer earlier.

Is it possible to establish a ban or restriction on assignment

Is it possible to give up the future requirement

Attention! The possibility of assignment of rights on regressing requirements has been introduced

The law excluded the Regulations on the ban on the transition of the rights on regressing requirements. Prior to these changes, it was provided that the rules on the transition of the rights of the lender to another person do not apply to regressive requirements ().

Regress is the opposite claim of the person who paid certain amounts instead of another person to demand from this person to compensation for these amounts. In particular, the right of regression arises from one of the debtors on a solidarity obligation, which he executed, and therefore has the right to claim compensation at the expense of other solidarity debtors (). Regress differs from the assignment of the right to be:


  • a new commitment arises;

  • there is no change of persons in the obligation.

With the assignment of law, on the contrary, the new commitment does not arise, but there is a change of persons in the obligation (i.e., the creditor is replaced).

Now, in connection with the amendments to the Civil Code of the Russian Federation, the rules on the transition of the rights of the lender to another person (i.e. the rules of the Civil Code of the Russian Federation) apply to regressive requirements.

In practice, this means that from July 1, 2014, a concession of the requirement is allowed with regressive requirements. In other words, the lender, that is, a person who fulfilled the obligation (paid amounts) instead of another person, can transfer its rights to the regressive commitment to another person.

If other parties did not agree in the contract, the cedent (the initial creditor) is obliged to convey the cessionary (new lender) everything received from the debtor on the defendant requirement ().

New Rules Translation Rules

The lender can carry out all rights on the obligation regarding the new debtor, unless otherwise provided by law, the contract or does not follow the obligations ().

How to conclude a debt translating agreement

If, when transferring a debt, the initial debtor is released from the obligation, then ensuring the fulfillment of the obligation provided by the third person ceases. The exceptions are cases when such a person agreed to respond to the new debtor.

The liberation of the initial debtor from the obligation applies to any provision provided by him, if only the property that is the subject of the provision, he did not transfer the new debtor (paragraph. 392.1 of the Civil Code of the Russian Federation).

Attention! Offset according to the requirements of the previous debtor is not allowed

New Legal Institute - Treaty Transfer

The transfer of the contract is understood as the transfer of the transaction of all its rights and obligations on this transaction to another person.

In this case, the rules on the transfer of debt and the assignment of the requirements in the relevant part are applied. * "

Professional reference system for lawyers in which you will find an answer to any, even the most difficult question.

Answers to questions of lawyers

In the system, a lawyer can quickly find an answer to any legal issue.

Cessia is essentially a change in the lender, which receives all rights in your debt. Accordingly, you must pay a debt no longer with an initial lender, but a new person. Cessia agreement with ordinary words is the fixation of the transfer of the debt to a third party. At the same time, it is not necessary to receive consent from the debtor to such a transfer of rights, but the creditor should not inform him. The agreement usually conclude in the event that the lender itself cannot for the reasons of different kinds to recover the necessary amount from the debtor. The transfer of the right to collect debt can be both gratuitous and provide for material remuneration. The agreement of the parties is enshrined by the CESSIA agreement concluded in writing.

Terms

We are talking about a cessia with the use of accepted terms.

    The parties in the CESSIA Treaty are:
  • Cedent. - The initial lender, reserved its rights. It is responsible for the authenticity of documents and its own actions to the Cessionarya, however, the liability for non-redeemed obligations is not provided by law.
  • Cessionary - New lender. Upon joining the Cessia Agreement, he represents the interests of the Cedent.
  • Debtor - A person who is a borrower and obliged to pay debt.

The title is a document in which the transmitted rights are confirmed.

Difference of Cessia from transfer

It is necessary to understand the difference between Cessia and the usual assignment.

With a simple assignment of rights to a third party, in addition to the creditor rights, the obligations arising in connection with them are also transmitted.

For example, the assignment of the rental rights of office premises will not be a procession, as it leads to the emergence of additional costs - payment of utilities, rent, etc.

Often, the agreement is also called the agreement on which the prolonnel of the residential building has passed its rights and obligations to another person with the consent of the developer's company. However, since in such agreements, in addition to their rights, there are also the obligations that are transmitted, then to call them cessia treaties will incorrectly.

Restrictions on application

Currently, the use of cessias in a wide variety of spheres has been widely practiced. However, in Russian legislation, namely, a number of restrictions on its use are contained.

Cessia agreement

What is a cessation agreement with simple words? This is an agreement that allows you to render the right of claim, property or any property.

The meaning of the signing of the CESSIA Agreement is to shift communication with the debtor on the third person, which usually has experience in solving such situations.

The result is the receipt of funds from the debtor, which one for any reason does not return the creditor.
The agreement initially concluded between the debtor and the zedenth, he advocates the main basis for the assignment of debt.

Required documents

The responsibility of the subject is the provision of cessionary of all required documents relating to the transaction and settlements with the debtor.

    They may relate to them:
  • contract of sale;
  • profit-expendable documents indicating the presence of debt;
  • act of reconciliation of accounts.
    In the case when it comes to a loan agreement:
  • credit agreement;
  • extract by bank account;
  • overdraft agreement;
  • payment schedule;
  • receipts about already completed payment.

If necessary, an additional agreement is drawn up in which additional conditions are indicated and documents not included in the main contract are listed.

Types of contracts

During the definition of cession conditions, it is possible to take into account various subtleties.

    Therefore, allocate various types of contracts:
  • Trilateral - In the agreement participates, in addition to the Zedenta and Cessionary, the debtor. At the same time, the debtor coordinate with a number of conditions, in particular, the restructuring of debt.
  • Paid and without nice - The work of collectors can be as paid for a certain amount, and not to assume payment.
  • Compensated and gratuitous - obligations can be both sold by the plot and are forced to cover damages.
  • Based on the executive list - In such a situation, all issues relating to the cessia are solved through the arbitration court.

Between legal entities

The motive for concluding a cessary agreement with legal entities is the emergence of such circumstances during their economic activity, under which the obligations of one person go to another. In such cases, the cedent has the opportunity to transfer its rights to the new lender in relation to debt. That is, two economic entities - legal entities make up and sign an agreement in which the conditions fixing their rights and responsibilities relating to the debt are determined.

As a rule, this is bilateral compensated contracts. The text necessarily includes grounds for transferring rights, their content and details of the parties. Having concluded the agreement, legal entities should depend on it in the notary. The initial lender is obliged to provide only reliable information, which is enshrined by law.

Between individuals

Private persons who are not representatives of organizations are also able to conclude such agreements among themselves. The type of operation and the timing of its implementation individuals are determined according to the GC of the Russian Federation.

The contract indicates how the transfer of rights is compensated or free. The amount of debt, the timing of its repayment, passport data and the rights and obligations of participants in the transaction are also included.

However, if the debtor's obligations are established by the court and relate to the payment of personal debts, for example, alimony or compensation for damages from damage to the health and life of harm, then the contract of cessation between individuals is not.

Taxation

In situations of providing a cessia by an economic entity in other individuals or legal entities, it is necessary to take into account not only the legal moments, but also the subtleties associated with accounting and tax credit.

The procedure for accrual VAT is one of the main issues in taxation and is determined by the Russian Tax Code. The main points in the accrual will be the derivation of the tax base - for the cents, it will be the difference in the value of the cessia agreement and income received after the payment of debt or the subsequent concession of the right of the claim to other persons.

In cases where the initial lender provided a discount, its size will relate, according to the Tax Code, at a loss. Also in accounting shows the accrual of income tax.

Risks

By concluding a cessia agreement, it is necessary to pay much attention to detail. Negregation to them can lead to the recognition of an agreement invalid.

    The grounds for making such a decision can be:
  • personal liabilities included in the Agreement;
  • lack of documents confirming the right to assign a debt;
  • improper paperwork;
  • the absence of the ability to render debt in the initial agreement;
  • lack of payment by the preparation of the paid treaty and others.

Practical example

How to buy out your loan debt from the bank:

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