The debt transfer agreement must specify the conditions under which the new defendant assumes the original defendant's obligation to the creditor. It may happen that the debtor organization, due to circumstances, cannot independently fulfill the requirements. Then the debtor of this company assumes its obligations and thus closes its debt to it. Such situations are clean before the law, which is why the possibility of concluding a debt transfer agreement is provided.
The identity of the debtor may overseas chinese in worldwide data be important to the creditor, and therefore the replacement cannot be made without his consent. If a refusal is received or in the absence of permission, the concluded agreement is recognized as null and void, having no legal force. This is unshakable if the basis for the transfer of debt is an agreement of the parties, and is not taken into account if the replacement occurs on the basis of inheritance rights.
According to Article 392 of the Civil Code of the Russian Federation, the new debtor may make certain demands on the creditor and raise any objections based on the relationship between the creditor and the original debtor. The party withdrawing from the obligation is no longer liable to the claimant for the failure of the new agent to fulfill the conditions. The entire risk of monitoring the closure of the claims falls on the creditor and the new debtor.
In accordance with paragraph 2 of Article 391 and paragraph 1 of Article 389 of the Civil Code of the Russian Federation, the agreement on the transfer of debt must be made in the same form as the main agreement (written, notarized, etc.).
If a part of the debt is transferred, then, in addition to the reason for its occurrence, it is also necessary to indicate the specific period for which it is transferred. Without this note, the agreement may be recognized as not concluded under paragraph 13 of the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated October 30, 2007, No. 120 "Review of the practice of applying the provisions of Chapter 24 of the Civil Code of the Russian Federation by arbitration courts."
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