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"Transmission and Termination of Obligations" (subrogation…
"Transmission and Termination of Obligations"
subrogation
is the legal act by virtue of which a substitution admitted or established as of right, by law in the right of a creditor, by a third party pays the debt or lends the debtor funds to pay, the same relation remaining the same and invariable
Classes: by agreement of the parties
it means: replace. there is real subrogation when goods are replaced by others and subrogation for payment when the creditor is replaced by an interested third party who pays the debt or lends money for that purpose
Subrogation classes
legal when the law provides
conventional by agreement of the parties
partial subrogation: when the first creditor consents with it
effects of subrogation
transmits credits from the original creditor to the third party that pays
the credit is transmitted with all its guarantees vices and limitations
the first creditor is designated of the credit to a against the will
cession of rights
is a contract by virtue of which the holder of a right (cadente) transmits it to another person (assignee) gratuitously or onerously, without modifying the legal relationship
What effects does the transfer of rights produce for the parties? Transfers the legal faculties of the transfer to the transferee at the same time that the act is canceled but must notify the debtor that the act will benefit or harm him
What rights can be transferred? any, except for property of a certain thing that is transferred by the typical contracts called transfer of ownership and those that the law expressly forbids to be ceded
What effects do they produce for transfer of rights to a third party? none, until the assignment contract acquires a certain date for some reason that makes such date
assignment of debt
nullity of the assignment of debt: it revives the old debt by continuing as the only debtor the first, as a reserve of the rights that belong to the third party in good faith
How is consent granted in the assignment of debt? .expressly by oral or written words or by demand of the creditor to the third party who assumed the debt
..attactically, when the creditor allows the third party proposed as debtor to perform on its own behalf acts that only correspond to the obligor such as paying revenues or partial payments
is the contract entered into between the creditor, debtor and a third party in which the third party assumes the debt and the original debtor designated the obligation
What is the legal nature of the assignment of debt? it is a plurilateral legal act in which three wills intervene the original debtor, the third that will assume the debt and the creditor without whose will I could not replace the debtor
requirements. that the creditor consents expressly or tactically
effects of the assignment of debt
the new debtor can oppose the debtor
the original debtor leaves the legal relationship
the legal link does not change