Legal Regulation of the Contract of Assignment of the Right of Claim in the Russian Federation
( Pp. 74-77)
More about authors
Semen V. Dadykin
Faculty of Law
Financial University under the Government of the Russian Federation
Moscow, Russian Federation
Financial University under the Government of the Russian Federation
Moscow, Russian Federation
Abstract:
In the scientific work, the author emphasizes the contiguity of the institutions of assignment and subrogation and examines the features of its occurrence and regulatory mechanisms that give rise to controversial issues both in the theoretical and legal field and in disputes arising in practice. In addition, conducts a study of the grounds for the assignment of the right of claim in an obligation, the content, and forms of the institution in question, as well as the rights, obligations and responsibilities of the parties in binding legal relations. Author concludes that in legal relations that arise during the assignment of the right of claim, the assignor has a large amount of responsibilities, since his actions should be aimed at non-infringement of the rights and legitimate interests of both the assignee and the debtor himself. Amendments to the national legislation are proposed.
How to Cite:
Semen V.D., (2022), LEGAL REGULATION OF THE CONTRACT OF ASSIGNMENT OF THE RIGHT OF CLAIM IN THE RUSSIAN FEDERATION. Economic Problems and Legal Practice, 6 => 74-77.
Reference list:
Ruling of the Supreme Court of the Russian Federation dated 09.12.2019 in case no. A40-189767/14 // [Electronic resource]. Access mode: http://ras.arbitr.ru / (date of address: 09.23.2022).
Belov V.A. Singular succession in obligation. -M.: Yurinfor, 2018.
Belykh V.S., Krivosheev I.V. Insurance law / V.S. Belykh, I.V. Krivosheev. -M.: NORM, 2018.
Vorozheikin S.C. On the issue of the application of subrogation in insurance activities // Bulletin of Science and Education. -2019. -№ 1.
Commentary of Part two of the Civil Code of the Russian Federation / Under the general editorship of V.D. Karpovich. -M.: SPARK: Ed. journal. «Economy and Law», 2015.
Lomidze O. Transfer of the creditor's rights to another person on the basis of the law. // Russian Justice. -2018. -№ 12.
Stufeeva I.V. Contract of assignment: practical aspects // Problems of economics and legal practice. -2017. -№ 3.
Belov V.A. Singular succession in obligation. -M.: Yurinfor, 2018.
Belykh V.S., Krivosheev I.V. Insurance law / V.S. Belykh, I.V. Krivosheev. -M.: NORM, 2018.
Vorozheikin S.C. On the issue of the application of subrogation in insurance activities // Bulletin of Science and Education. -2019. -№ 1.
Commentary of Part two of the Civil Code of the Russian Federation / Under the general editorship of V.D. Karpovich. -M.: SPARK: Ed. journal. «Economy and Law», 2015.
Lomidze O. Transfer of the creditor's rights to another person on the basis of the law. // Russian Justice. -2018. -№ 12.
Stufeeva I.V. Contract of assignment: practical aspects // Problems of economics and legal practice. -2017. -№ 3.
Keywords:
Civil law, assignment, legislation, subrogation, doctrine of law, assignment of the right of claim.
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