The problem of the validity of the assignment of the right to claim under a factoring agreement in the event of the debtor's objections

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The creditor has the right to cede under the factoring agreement only the actual claim, but the fulfillment of the obligation by the debtor, as a rule, occurs later than the conclusion of the factoring agreement. Uncertainty arises as to the validity of the assigned claim if the debtor's objections are received before the moment of his obligation to pay, this way the assigned claim becomes invalid. The situation is typical for factoring under contracts of supply and work, because the debtor may raise objections later than the creditor fulfills the obligation. It is concluded that the assignment of a claim is admissible in such a situation, but the creditor is liable to the factor for the validity of the claim within the period of the possible debtor's objections. This way the assignment is independent form initial obligation.

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Factoring agreement, assignment, assignment of the right to claim, objection of the debtor, fulfillment of the obligation, validity of the claim, liability of the creditor

Короткий адрес: https://sciup.org/170196774

IDR: 170196774   |   DOI: 10.24412/2500-1000-2022-11-3-136-139

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