Russia

CHAPTER 24. THE SUBSTITUTION OF PERSONS IN AN OBLIGATION

1. The Transfer of the Creditor's Rights to Another Person

Article 382. The Grounds and the Order of the Transfer of the Creditor's Rights to Another Person

1. The right (the claim), belonging to the creditor on the grounds of an obligation, may be transferred by him to another person by the deal (the cession of the claim), or may pass to another person on the legal grounds. The rules on the transfer of the creditor's rights to another person shall not be applied to the claims of regress.

2. To effect the transfer to another person, the consent of the debtor shall not be required, unless otherwise stipulated by the law or by the contract.

3. If the debtor has not been notified in written form on the effected transfer of the creditor's rights to another person, the new creditor shall bear the risk of the unfavourable consequences, which may arise for him as a result of this. In this case, the discharge of the obligation to the primary creditor shall be recognized as the discharge to the proper creditor.

Article 383. The Rights, Which May not Be Passed to the Other Persons

The transfer to the other person of the rights, inseparably linked with the creditor's personality, in particular, with the claims for the alimony and for the compensation of the harm, caused to the life or to the health, shall not be admitted.

Article 384. The Scope of the Creditor's Rights, Transferred to the Other Person

Unless otherwise stipulated by the law or by the contract, the right of the primary creditor shall be passed to the new creditor in the volume and on the terms, which have existed by the moment of the transfer of the right. In particular, to the new creditor shall pass the rights, guaranteeing the discharge of the obligations, and also the other rights, involved in the claim, including the right to the unpaid interest.

Article 385. The Proofs of the Rights of the New Creditor

1. The debtor shall have the right not to discharge the obligation to the new creditor, until the proofs of the transfer of the claim to this person have been presented to him.

2. The creditor, who has ceded the claim to the other person, shall be obliged to pass to him the documents, certifying the right of the claim, and to supply to him the information, which is important for the discharge of the claim.

Article 386. The Debtor's Objections to the New Creditor's Claim

The debtor shall have the right to put forward objections against the new creditor's claims, which he has had to the primary creditor by the moment of receiving the notification about the transfer of the rights by the obligation to the new creditor.

Article 387. The Transfer of the Creditor's Rights to the Other Person on the Grounds of the Law

The creditor's rights by the obligation shall pass to the other person on the grounds of the law and of the occurrence of the circumstances, pointed out in it:

• as a consequence of the universal legal succession in the creditor's rights;
• by the court decision on the transfer of the creditor's rights to the other person, when the possibility of such transfer is stipulated by the law;
• as a consequence of the discharge of the debtor's obligation by his surety or by the pledger, who is not the debtor by this obligation;
• in the subrogation to the insurer of the creditor's rights with respect to the debtor, responsible for the occurrence of the insurance case;
• in the other law-stipulated cases.

Article 388. The Terms for Ceding the Claim

1. The creditor's ceding of the claim to the other person shall be admitted, unless it contradicts the law, the other legal acts or the contract.

2. The cession of the claim by the obligation, in which the creditor's personality is of essential importance for the debtor, shall not be admitted without the debtor's consent.

Article 389. The Form of Ceding the Claim

1. The cession of the claim, based on the deal, performed in the simple written or in the notarial form, shall be effected in the corresponding written form.

2. The cession of the claim by the deal, requiring the state registration, shall be registered in conformity with the order, established for the registration of this deal, unless otherwise established by the law.

3. The cession of the claim by the order security shall be effected by way of making an endorsement upon this security (Item 3 of Article 146).

Article 390. Responsibility of the Creditor, Who Has Ceded the Claim

The primary creditor, who has ceded the claim, shall be answerable to the new creditor for the invalidity of the claim, transferred to the latter, but shall not be answerable for the non-satisfaction of this claim by the debtor, with the exception of the cases, when the primary creditor has assumed upon himself the surety for the debtor to the new creditor.

2. The Transfer of the Debt

Article 391. The Terms and the Form of the Transfer of the Debt

1. The transfer by the debtor of his debt to the other person shall be admitted only with the creditor's consent.

2. To the form of the transfer of the debt shall be correspondingly applied the rules, contained in Items 1 and 2, Article 389 of the present Code.

Article 392. Objections of the New Debtor Against the Creditor's Claim

The new debtor shall have the right to put forward objections against the creditor's claims, based on the relationships between the creditor and the primary debtor.

Article 403. The Debtor's Responsibility for the Actions of the Third Persons see also Remedies Termiantion

The debtor shall be answerable for an improper discharge of the obligation by the third persons, on whom the discharge of the obligation has been imposed, unless it has been laid down by the law that the responsibility shall be borne by the third person, who has been an immediate discharger.