Articolul precedent |
Articolul urmator |
107 0 |
SM ISO690:2012 GÎSCĂ, Veronica, TONU, Renata. Debt Assignment – Way of Transferring Civil Obligations. In: Balkan and Near Eastern Congress Series on Economics, Business and Management, Ed. 19, 8-9 aprilie 2023, Plovdiv. Plovdiv: University of agribusiness and rural development, 2023, Ediţia 19, pp. 371-378. ISBN 978-619-203-339-2. |
EXPORT metadate: Google Scholar Crossref CERIF DataCite Dublin Core |
Balkan and Near Eastern Congress Series on Economics, Business and Management Ediţia 19, 2023 |
||||||
Congresul "XIX. International Balkan and Near Eastern Congress Series on Economics, Business and Management" 19, Plovdiv, Bulgaria, 8-9 aprilie 2023 | ||||||
|
||||||
Pag. 371-378 | ||||||
|
||||||
Descarcă PDF | ||||||
Rezumat | ||||||
In the civil circuit, sometimes there is a need to transmit the right of claim from the content of a legal report. For example, a person is the holder of a claim whose enforceability is affected by a suspensive term, that is, the claim is to be honored at a certain time. However, this creditor wants to capitalize on his claim before the deadline, and finds a person (natural or legal) who is ready to wait for the deadline to be fulfilled. The creditor sells his claim to this person. In this way, he makes a transfer (assignment) of the claim. Therefore, debt assignment is a legal transaction by which the creditor (assignor) transfers its rights and obligations on a debt to a third party (assignee), in exchange for a sum of money or other benefits. The assignee becomes the debtor's new creditor and has the right to collect payment of the debt according to the terms and conditions originally established between the debtor and the original creditor. If the claim is assigned without the debtor's consent, the debtor may refuse to pay the new creditor and challenge the validity of the assignment. It follows that it is important that the transaction is carried out in accordance with the applicable laws and regulations in this regard. Thus, the assignment of debt, admitted in Roman law, at first by indirect means, and later also by direct means, perfected in the medieval environment, became, in the modern environment, an autonomous means of common law, through which they can transfer debt rights based on an agreement between the old creditor (assignor) and the one who replaces him (assignee). |
||||||
Cuvinte-cheie assignment of debt, right, obligation, creditor, debtor, third party, transferor, transferee, transfer, debt, patrimony |
||||||
|