SPECIAL ASPECTS OF VOIDANCE OF A CLAIM ASSIGNMENT (CESSION) AGREEMENT

  • Olga Aleksandrovna Vorobyova
  • Aleksandr Aleksandrovich Gogin
Keywords: claim assignment agreement, invalidity of a claim assignment (cession) agreement

Abstract

The relevance of the paper is caused by the fact that over the past quarter-century, civil legislation and its separate institutions take the most significant place in the life of Russian society.

The paper considers some issues characterizing such type of a contract used by economic entities as a cession. The authors define a transaction in which one party transfers to the other party the right to enforce the performance of certain obligations from a third party. In such a situation, the former creditor transferring its claim is referred to as an assignor and the new creditor as an assignee.

This type of agreement has a significant historically predetermined experience of practical application. The paper proposes the thesis that, at present, new circumstances emerged in legal regulation of this matter due to some amendments to Chapter 24 of the Civil Code of the Russian Federation “Substitution of parties in the obligation” and the clarifications worded in the Decision of Plenum of the Supreme Court of the Russian Federation No. 54 dated the December 21st, 2017. According to the authors, they deserve the attention of the participants of modern market relations.

One of the results of the study is the conclusion that, according to the provisions of Chapter 24 of the Civil Code of the Russian Federation, only liability rights emerging in the sphere of civil law relations may be the subject matter of an assignment agreement. The court considers cession of other rights under such agreement as invalid.

Published
2019-09-30
Section
Статьи