Only existing rights transfer
The assignee receives the claim with its existing scope and weaknesses.
Contract and register differ
Substantive transfer does not replace court-ordered procedural succession.
Price differs from face value
Economic value depends on priority, estate assets, disputes and security.
Pre-transaction review
| Item | Evidence | Risk |
|---|---|---|
| Claim existence | Contract, acts, payments and court order | Debt ended, fell or belongs to another party |
| Bankruptcy status | Court order, register and EFRSB | Late, subordinated or disputed filing |
| Transferred scope | Assignment and schedules | Interest, security or costs excluded |
| Debtor defences | Correspondence and reconciliation | Set-off, limitation or performance defects |
Civil Code Articles 382 and 384 transfer a claim in the scope and on the terms existing at the transfer date, including related rights unless otherwise provided. The assignor generally warrants validity, not the bankrupt debtor’s ability to pay.
Post-signing workflow
Receive the full file
Obtain contracts, primary records, judgments, calculations and performance history.
Notify relevant parties
Keep delivery evidence; payment to the former creditor before proper notice may remain effective.
Apply for succession
Attach the assignment, chain of title, authority evidence and material payment records.
Verify the register
After the order, check creditor name, amount, priority, security and voting rights.
Claim not yet determined
The assignee may continue the original application but takes the case as it stands. Earlier procedural acts remain binding. Buying the claim does not extend filing deadlines or cure missing evidence.
Documents
- assignment agreement and exact claim description;
- assignor authority and complete assignment chain;
- underlying contract, acts, deliveries and payments;
- court order determining the claim;
- debtor notice and delivery evidence;
- balance calculation and partial-payment history.
FAQ
Is debtor consent required?
Generally no unless statute, contract or the claim’s nature provides otherwise; proper notice remains important.
Does security transfer?
Related security generally follows the claim, but existence, registration and scope require separate review.
Can the price be below face value?
Yes. The agreed price does not itself change the claim amount against the debtor.
Is sending the contract to the register keeper enough?
No. Creditor replacement in judicial bankruptcy requires a court order on procedural succession.
Official sources
- Civil Code Chapter 24
- Supreme Court Plenum Resolution No. 54
- Commercial Procedure Code Article 48
- Bankruptcy Law
Related guides: creditor-register filing, current claims and restitution.
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