CREDITOR'S APPROVAL FOR “TRANSFERRING DEBT” AND PROBLEMS OF ITS PROCESSING
Keywords:
debt, obligation, legal inheritance, legal entity, reorganization, agreement, contract, legal fact, civil law, creditorAbstract
In the process of a reorganization of a legal entity, together with its property and rights, its debts and obligations are also transferred to the legal inheritor. If the consent of the debtors of the reorganized legal entity is not required for the transfer of property and rights to another person, the consent of the creditors is required for the transfer of debts and obligations to the legal inheritor. There are no clear legal requirements for a reorganization of a legal entity to obtain such permission. Nevertheless, this requirement is given in the requirements of Article 322 of the Civil Code. This rule is a general requirement for the transfer of any liability for civil liability to another person and is a universal rule that directly applies in the absence of a specific requirement in the rules governing the respective institutions. While reorganizing a legal entity, it is necessary to take into account the difference between the transfer of its debts to the legal inheritor in the order of universal legal inheritance and the transfer of an ordinary obligation to another. This is due to the fact that when building inheritance, the consent or permission of third parties is not required to transfer rights and obligations to the heir. Therefore, in the theory of civil law, there is no single approach to the transfer of debt to the assignee during reorganization. Therefore, while reorganizing a legal entity, it is necessary to analyze the legal basis of whether the creditor's “approval” is required to transfer his debts to the legal inheritor.
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