2019•Odesa National University Herald JurisprudenceOpen access

ASSIGNMENT OF DEBT AS THE BASIS OF SINGULAR CONTRIBUTION FOR OBLIGATIONS

Yе. О. Ryabokon

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Abstract

In the article there are investigated the questions connected with definition of the legal nature of the relations arising upon transition of debtor’s duties in obligations legal relationship to other persons.The conclusion is drawn that the assignment of a debt is one of the bases of replacement of the debtor and contribution and it is embodied in a form of the contract signed between initial and new debtors which is approved by the creditor of the initial debtor.The attention is focused that contractual form of regulation of the assignment of a debt allows to emphasize the assignment nature of these legal relationship and to separate them from those cases when execution of the obligation instead of the debtor carries out the third party or the new debtor wishes to enter obligations along with the initial debtor.

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In the article there are investigated the questions connected with definition of the legal nature of the relations arising upon transition of debtor’s duties in obligations legal relationship to other persons.The conclusion is drawn that the assignment of a debt is one of the bases of replacement of the debtor and contribution and it is embodied in a form of the contract signed between initial and new debtors which is approved by the creditor of the initial debtor.The attention is focused that contractual form of regulation of the assignment of a debt allows to emphasize the assignment nature of these legal relationship and to separate them from those cases when execution of the obligation instead of the debtor carries out the third party or the new debtor wishes to enter obligations along with the initial debtor.

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Available abstract

In the article there are investigated the questions connected with definition of the legal nature of the relations arising upon transition of debtor’s duties in obligations legal relationship to other persons.The conclusion is drawn that the assignment of a debt is one of the bases of replacement of the debtor and contribution and it is embodied in a form of the contract signed between initial and new debtors which is approved by the creditor of the initial debtor.The attention is focused that contractual form of regulation of the assignment of a debt allows to emphasize the assignment nature of these legal relationship and to separate them from those cases when execution of the obligation instead of the debtor carries out the third party or the new debtor wishes to enter obligations along with the initial debtor.

Key concepts: Debtor, Creditor, Obligation, Debt, Business, Law and economics, Law, Economics

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