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Transfer Of Claim Agreement

Since the “legal status” which arises from the compulsory contractual relationship and, in particular, is not transferred to the transfer of rights, the constituent rights and means resulting from that relationship are not, in principle, transferred. These rights and means remain to the contracting parties; debtors and creditors. This also applies to the right to withdraw, terminate and waive the contract. c. The assignment of the debt is a conventional transaction: (a) the creditor (ceding) may transfer its debt to the assignee by contract. The ranking is not subject to form requirements. The assignment is valid regardless of whether the debtor was informed of the assignment. (f) An ancillary right to guarantee the performance of the surrendered debt is transferred to the beneficiary of the assignment without a new deed of assignment, irrespective of an agreement between the assignee and the debtor or any other party granting that right, which somehow limits the right of the cedant to surrender the debt or the security interest in the surrendered debt. If, under the applicable legislation, a right of non-accessory is transferable only with a new deed of transmission, the assignee is required to transfer that right and the eventual proceeds to the assignee. (e) A fee is not refundable if the parties intend that the undertaking is the only one that can be claimed. Such an intention is presumed where the nature of the transaction implies personal trust between the parties or if, in another way, the personal consideration is essentially the contract. Voluntary assignment of the debt is the type of transfer made by the transfer agreement between the assignee and the assignee, which transfers the right directly to the assignee. The concept of surrender is effectively used to expel voluntary surrender.

There are three ways to transfer rights; which are voluntary, judicial and legal. In practice, voluntary tasks are the most common route. iii. transfer of regulatory rights: it must be taken into account that, where the constitutive right is linked to the source of compulsory rights, the transfer of such right to the transferee is not possible by transfer of the right, so that the creditor can transfer his debt in order to meet his obligation and that this issue is governed by article 192 of the code.