Assignment of Claims Agreement – Law Office Belgrade

The assignment of claims by contract is governed by Articles 436 to 445 of the Law on Obligations and results in a change of the creditor in the obligation relationship.

 

Upon assignment, all rights related to the claim, such as priority of payment, liens, rights from contracts with guarantors, interest rights, mortgages, and contractual penalties, are transferred to the assignee.

 

If there is a pledged asset, the assignor can transfer it to the assignee only if the pledgor agrees; otherwise, it remains with the assignor for safekeeping on behalf of the assignee.

 

Notification to the debtor

 

In the event of an assignment of claims, the debtor's consent is not required, but the assignor must inform the debtor of the assignment.

 

If the creditor has assigned the same claim to multiple parties, the claim belongs to the assignee whom the assignor first informed the debtor of or who first contacted the debtor.

 

Relationship between the debtor and the assignee of the claim

 

The assignee holds the same rights against the debtor as the assignor had until the assignment.

 

Relationship between the assignor and the assignee of the claim

 

The assignor must provide the assignee with proof of the debt and any other evidence related to the assigned claim and other rights associated with it.

 

If the assignee requests a notarized confirmation of the assignment, the assignor is obliged to issue it to the assignee.

 

Responsibility for the collectibility of the claim

 

If agreed upon, the assignor is liable to the assignee for the collectibility of the claim up to the amount or other agreed compensation received from the assignee, as well as for the collectibility of costs associated with the assignment, interest, etc.

 

Special cases of assignment:

 

Assignment for collection or in lieu of performance

 

When a debtor assigns their claim to a creditor, or only a portion of it, the debtor's obligation under the assignment agreement is extinguished up to the amount of the assigned claim. However, if the debtor assigns their claim to the creditor solely for collection, their obligation is extinguished or reduced only when the creditor collects the assigned claim.

 

Assignment of claims for security

 

If the assignment of claims is made to secure the assignee's claim against the assignor, the assignee must, upon collection, after retaining the amount for the satisfaction of their own claim against the assignor, return the surplus to the assignor.

 

If you need legal assistance regarding the drafting of an assignment of claims agreement, feel free to contact us. Our team of lawyers will meet all your needs and protect your interests through a well-drafted assignment of claims agreement.