Chapter 24. Change of persons in the obligation.
Article 382. Grounds and procedure for transferring the rights of a creditor to another person.
1. A right (claim) belonging to a creditor on the basis of an obligation may be transferred to it to another person in a transaction (assignment of a claim) or transferred to another person on the basis of a law.
The rules on the transfer of creditor’s rights to another person do not apply to recourse claims.
2. To transfer the creditor’s rights to another person, the debtor’s consent is not required, unless otherwise provided by law or the contract.
3. If the debtor has not been notified in writing of the transfer of the creditor’s rights to another person, the new creditor bears the risk of the adverse consequences for it. In this case, the performance of the obligation to the original creditor is recognized as the performance of the appropriate creditor.
Article 383. Rights that cannot be transferred to other persons.
The transfer to another person of the rights inseparably connected with the identity of the creditor, in particular the claims for alimony and for compensation for harm caused to life or health, is not allowed.
Article 384. The scope of the rights of the creditor, transferred to another person.
Unless otherwise provided by law or contract, the right of the original creditor shall be transferred to the new creditor to the extent and under the conditions that existed at the time of the transfer of the right. In particular, the rights securing the fulfillment of the obligation, as well as other rights, including the right to unpaid interest, are transferred to the new creditor.
Article 385. Evidence of the rights of a new creditor.
1. The debtor shall have the right not to perform the obligation to the new creditor until the submission of evidence to him of the transfer of the claim to this person.
2. The lender who has assigned the claim to another person is obliged to transfer to him documents certifying the right of claim and to provide information that is relevant to the implementation of the claim.
Article 386. Objections of the debtor against the claim of the new creditor.
The debtor has the right to make objections against the claim of the new creditor, which he had against the original creditor at the time of receiving the notification of the transfer of rights under the obligation to the new creditor.
Article 387. Transfer of creditor’s rights to another person on the basis of law.
The rights of the creditor under the obligation are transferred to another person on the basis of the law and the occurrence of the circumstances specified in it:
as a result of universal succession in creditor’s rights;
by a court decision on the transfer of the creditor’s rights to another person, when the possibility of such a transfer is provided by law;
due to the performance of the obligation of the debtor by its guarantor or mortgagor who is not a debtor under this obligation;
in case of subrogation to the insurer of the creditor’s rights to the debtor responsible for the occurrence of the insured event; m
in other cases provided by law.
Article 388. Conditions for the assignment of a claim.
1. The cession of the claim by the creditor to another person is allowed, if it does not contradict the law, other legal acts or the contract.
2. It is not allowed without the consent of the debtor the assignment of the requirement for the obligation, in which the identity of the creditor is essential for the debtor.
Article 389. Form of assignment of claim.
1. The assignment of a claim based on a transaction made in simple written or notarial form must be made in the appropriate written form.
2. The assignment of a claim under a transaction requiring state registration must be registered in the manner prescribed for the registration of this transaction, unless otherwise provided by law.
3. The cession of the requirement on the order security is made by endorsement on this security (clause 3 of Article 146).
Article 390. Responsibility of the creditor who ceded the claim.
The initial creditor who has assigned the claim is liable to the new creditor for the invalidity of the claim transferred to him, but is not responsible for the debtor failing to fulfill this claim, unless the original creditor accepted the guarantee for the debtor to the new creditor.
Article 391. The condition and form of transfer of debt.
1. Transfer by the debtor of his debt to another person is allowed only with the consent of the creditor
2. The rules contained in clauses 1 and 2 of Article 389 of this Code shall apply to the form of transfer of debt.
Article 392. Objections of a new debtor against a creditor’s claim.
The new debtor is entitled to raise objections against the creditor’s claim based on the relationship between the creditor and the original debtor.
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